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Backup 01/24/2008
Code Enforcement Backup January 24, 2008 CODE ENFORCEMENT BOARD OF COLLIER COUNTY, FLORIDA AGENDA Date: January 24, 2008, at 9:00 a.m. Location: Collier County Government Center, Third Floor, 3301 East Tamiami Trail, Naples, F134112. NOTICE: THE RESPONDENT MAY BE LIMITIED TO TWENTY (20) MINUTES FOR CASE PRESENTATION UNLESS ADDITIONAL TIME IS GRANTED BY THE BOARD. PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. ALL PARTIES PARTICIPATING IN THE PUBLIC HEARING ARE ASKED TO OBSERVE ROBERTS RULES OF ODER AND SPEAK ONE AT A TIME SO THAT THE COURT REPORTER CAN RECORD ALL STATEMENTS BEING MADE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE CODE ENFORCEMENT BOARD SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD. 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES — November 29, 2007 4. PUBLIC HEARINGS A. MOTIONS Motion for Rehearing 1. BCC vs. Stanley Fogg Jr. and Theresa M. Fogg Motion for Continuance B. STIPULATIONS C. HEARINGS 1. BCC vs. Emma Houston 2. BCC vs. Glen and Sharon Van Slyke 3. BCC vs. Jean Claude Martel 4. BCC vs. Audrey Jake 5. BCC vs. Naples Property Services, LLC CEB 2007-115 CEB 2007-82 CEB 2007-119 CASE NO. 2007080353 CASE NO.2007050199 CASE NO. 2007050653 6. BCC vs. Cynthia Aurelio Markle CASE NO.2006060005 7. BCC vs. Jeffrey Macasevich CASE NO.2006100314 8. BCC vs. A. L. Petroleum, Inc CASE NO. 2007040340 9. BCC vs. Reinaldo and Zoraida Jardines and Sylvia Jimenez CASE NO.2007030794 10. BCC vs. Mary Edwards CASE NO.2006080127 11. BCC vs. Carlos Pio and Melva Pio CASE NO.2006070980 12. BCC vs. Teudis Zamora CASE NO.2006120209 13. BCC vs. James Bachmann CASE NO 2006090001 14. )ACC vs. Ricardo JR. and Magda L. Munoz CASE N . 2007100608 CC vs. Circle K. Stores, Inc CASE O. 2007050136 16. BCC vs. Circle K. Stores, Inc CASE 0. 2007040437 17. BCC vs. Logical Investments, LLC CASE NO.2007080822 5. OLD BUSINESS A. Request for Reduction of Fines/Liens B. Request for Imposition of Fines/Liens 1. BCC vs. Mario Alvarez CEB 2007-29 2. BCC vs. Glen Hollingsworth CEB 2007-57 3. BCC vs. Ted Zhi Luo CEB 2007-100 6. NEW BUSINESS 7. REPORTS 8. COMMENTS 9. NEXT MEETING DATE - February 28, 2008 10. ADJOURN CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Plaintiff, vs. CASE NO.: CEB 2007-115 DEPT. CASE NO.: 2007040776 STANLEY FOGG, JR. and THERESA FOGG, Respondents. REQUEST FOR REHEARING COME NOW, Respondents, STANLEY FOGG, JR. and THERESA FOGG, by and through their undersigned counsel, and file this Request for Rehearing, stating that the Hearing violated Respondents' right to due process and the Board's Order was contrary to the evidence. In support thereof Respondents would state as follows: Respondents appeared before the Collier County Code Enforcement Board on November 29, 2007. 2. The Board was required as an initial matter to decide precisely what the Board could and could not consider with respect to the violation at issue, thereby prejudicing Respondents' opportunity to prepare an appropriate response to the violation for presentation to the Board. 3. A reasoned consideration of Respondents' arguments opposing the finding of a violation was further prejudiced because the Board did not have the actual language of Ordinance 04-41, Section 2.02.03, which was at issue, but had been provided with the arbitrary and casual interpretation of the ordinance language used by Ross Gochenaur, Planning Manager for the Department of Zoning and Land Development Review, in drafting the Zoning Verification Letter that supported the violation. 4. To help clarify the distinctions between the language of the Zoning Letter and the actual language of the Ordinance during the Hearing, the Board was forced to share a single copy of the Ordinance that was provided by the Respondents. 5. After an initial tie vote by the Board on whether a violation existed, the Board voted in favor of finding a violation by the Respondents based on the Zoning Verification Letter. 6. On December 5, 2007, the Board issued Findings of Fact, Conclusions of Law and an Order of the Board, which was received by the Respondents and their counsel on December 6, 2007. 7. Pursuant to Article IX(q), this Request for Rehearing is timely filed. I. PROCEDURAL DUE PROCESS VIOLATION EXISTED Article VII, Section 4 of the Rules and Regulations of the Collier County Code Enforcement Board, requires that the Investigator's charging packet shall be delivered to the alleged violator with the Notice of Hearing. Respondents' charging packet, including photographs of the Respondents' business used by Code Enforcement to support the argument that a violation existed, was delivered to the Respondent on the day of the Hearing, just before the Call to Order Respondents did not have the opportunity to prepare an appropriate response based on the contents of the charging packet and photographs. This was particularly prejudicial to the Respondent as the Inspector's photographs were referred to by some Board members during the discussion as to whether a violation existed, and may have influenced their decision. WHEREFORE, Respondents, STANLEY FOGG, JR. and THERESA FOGG, respectfully request that the Code Enforcement Board find that Respondents' procedural due process rights were violated and grant Respondents' Request for Rehearing. II. DECISION WAS NOT SUPPORTED BY COMPETENT SUBSTANTIAL EVIDENCEAND WAS CONTRARY TO THE EVIDENCE PRESENTED The Florida Supreme Court has defined competent substantial evidence as that evidence sufficiently relevant and material that a reasonable mind would accept it as adequate support for the conclusion reached. DeGroot v. Sheffield, 95 So. 2d 912, 916 (Fla. 1957). The only evidence presented to the Board to support the violation was the opinion of Ross Gochenaur, Planning Manager for the Department of Zoning and Land Development Review, in his Zoning Verification Letter, which concluded that because some sheds, as a category, can be intended for more general uses, sheds are not an accessory to growing and maintaining plants, and their sale by Respondents violated Collier County Ordinance. Respondents specifically asked Code Enforcement for any precedent where it was determined that sheds were not considered an accessory to growing and maintaining plants, which was the Ordinance language at issue, but none was produced or referenced to support the conclusion An opinion does not constitute the kind of substantial and competent evidence that a reasonable mind would accept as adequate support for the conclusion reached, as it is simply not evidence. The mere issuance of an opinion letter is not sufficient evidence when it does not contain valid relevant evidence. Apart from the arbitrariness of the Verification Letter's opinion that because some sheds can be used for other purposes, sheds are not an accessory to growing and maintaining plants, the verification letter referred to the Standard Industrial Classification Code, citing specific SIC codes to support the Department's opinion that a violation existed. At the Hearing, Investigations admitted that the Standard Industrial Classification Code was not incorporated by reference into the Collier County Land Development Code, and therefore any reference to the SIC Code was not material to the issue before the Board and did not constitute valid evidence.' The law is well settled that a reviewing court, or a Board, will defer to an Agency's interpretation of an ordinance when such interpretation is supported by substantial competent evidence. Williams v. Department of Management Services, Division of Retirement, 678 So. 2d 1282 (Fla. 1996). However, such deference is not absolute and where, as here, there is an unreasonable interpretation, or the interpretation is clearly erroneous, it cannot stand. Rinker Materials Corp. V. City of North Miami, 286 So. 2d 552 (Fla. 1973) The only evidence before the Board that Respondents had violated a Collier County Ordinance, was the Zoning Verification Letter which contained the conclusory finding that because some sheds are intended for much more general use, sheds cannot be considered an accessory to growing and maintaining plants. This conclusion was supported by no evidence, much less competent evidence, except an improper reference to an industrial code that was never intended for such use and is irrelevant and inapplicable to the Collier County Land Development Code. The Board was also required to consider the Respondents' violation without benefit of the actual ordinance language before each member, therefore the decision that a violation existed was based on the arbitrary and casual paraphrasing of the ordinance language in the verification letter. ' In fact, the Standard Industrial Classification Code (SIC) is used as a statistical mechanism for tracking employment numbers in specific industrial categories and has no relevance to any uses within those categories. Primary users of the SIC codes are immigration attorneys and the Department of Labor Statistics. However, as a point of interest, both SIC numbers referenced in the Verification letter are contained in the broader SIC category, "Building Materials, Hardware, Garden Supplies, and Mobile Home Dealers." The SIC code was never intended to be applied as it was by the Planning Department. M A single copy of the actual ordinance language was provided by the Respondents, but Respondents cannot be certain that all Board members had the time to absorb the differences in the language as written in the actual Ordinance and the language as applied in the Zoning Letter. It is vital when considering whether to uphold or reject a particular Zoning Classification Letter to be able to consider whether the Planning Department properly applied the language of the Ordinance to the facts of case. WHEREFORE, Respondents, STANLEY FOGG, JR. and THERESA FOGG, respectfully request that the Code Enforcement Board find that the decision of the Board that a violation existed was not supported by competent substantial evidence and grant Respondents' Request for Rehearing. Respectfully submitted on behalf of Respondents STANLEY FOG , R. and THERESA FOGG by: C EN J. Mac ISTER Florida Bar No: 0804711 LAW OFFICES OF COLLEEN J. MacALISTER, P.A. 5147 Castello Drive Naples, Florida 34103 Phone: (239) 262-3760 FAX: (239) 790-5779 Attorney for Respondents CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by Hand Delivery to: Bendisa Marku, Secretary, Collier County Code Enforcement Board, 2800 North Horseshoe Drive Naples, Florida 34104, on this 14 -day of December, 2007. By: COLL J. ER Florid ar No: 0804711 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Emma Houston CEB No. 2007-114 DEPT No. 2007070595 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-7 Copy of Applicable Ordinance 8-17 Deed 18-39 Table of Contents CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, VS. EMMA HOUSTON, Respondent Plaintiff, Case: CEB 2007-114 Dept. Case No. 2007070595 NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: January 24, 2008 TIME: 9:00 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: 415 S. 3rd Street SERVED: Emma Houston, Respondent Inv. John Santafemia, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE -HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:OOAM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY n BOARD OF COUNTY COMMISSIONERS, Petitioner CEB CASE NO. 2007-114 vs. DEPT CASE NO. 2007070595 Houston, Emma, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s) 2004-41, as amended, the Collier County Land Development Code, section(s) 4.02.01(A) table 2.1, 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), 10.02.06.(B)(1)(e)(i) and Section 105.1 of the Florida Building Code 2004 Edition. 2. Description of Violation: Two mobile homes on property which are approximately 18-24 inches from the rear property line in violation of setback requirements. Also, both mobile homes have been illegally converted from single family units to multi -family without proper permits and both mobile homes also have additions which are unpermitted. 3. Location/address where violation exists: 415 S.3rd street Immokalee, Florida 4. Name and address of owner/person in charge of violation location: Emma Houston, P.O. Box 1275 Immokalee, Florida 5. Date violation first observed: July 18, 2007 6. Date owner/person in charge given Notice of Violation: August 08, 2007 7. Date on/by which violation to be corrected: September 21, 2007 8. Date of re -inspection: September 21, 2007 9. Results of Re -inspection: No corrective action taken STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above -described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 25th. day of September, 2007 Santafemia erty Maintenance Specialist STATE OF FLORIDA COUNTY OF COLLIER S orn to (or affirmed) and subscribed before this 1 st day of October 2007 by (Signature of No Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally knows or produced identification Type of identification produced `�`'� r�,` 4 K. A, Van Sickle REV 3-3-05 Cpmn11SS1021 �t45i€f %• : Figp ' NOV , BONDED THRU ATLANT! Dt WNG CO., INC �,a�c 1�uuiucr wur yr vvw COLLIER COUNTY CODE ENFORCEMENT Building Permits, Administrative Code & Other Permit Requirements G NOTICE OF VIOLATION EMMA Date: 07/19/07 Investigator: JOHN SANTAFEMIA Phone: 239 403-2397 Respondent IIOUSTON, _ .laiting : P.O. BOX 1275 EVIMOKALEE FLORIDA 34143 Location: 415 SO. 3 STREET Unincorporated Collier County Zoning Dist VR See 04 Twp 47 Rag 29 Legal: Subdivision 100 Block 086 Lot .006 Folio 00125880008 OR Book Page Violation: Pursuant to Collier County Consolidated Code Enforcement Ordinance 07-44, you are notified that a violation(s) of the following codes exist Ordinance 2003-37 Collier County Right -of -Way Ordinance ❑Section 5 Permits. It shall be unlawful for any Responsible Parry to dig, excavate, obstruct, or place any construction or other material, or perform any other work which disturbs the existing structure and/or compaction of soil in any right -if -way maintained by Collier County within the boundaries of any municipal corporation, without first obtaining a permit for such work, etc. (Also found in Section 110, Article II of the Collier County Code of Laws and Ordinances, Section 110-31) Ordinance 04-41, as amended, Land Development Code, Sea 10.02.06(B)(1) Building or land alteration permit and certificate of occupancy ®10.02.06(B)(1)(a)Zoning action on building permits ... no building or structure shall be erected, moved, added to, altered, utilized or allowed to exist ... without first obtaining the authorization of the required building permit(s), inspections, and certificates) of occupancy, etc. ®10.02.06(B)(1)(e) Improvement of property prohibited prior to issuance of building permit No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this land development code or other applicable county regulations. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and cerdficate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). Collier County Code of Laws and Ordinances Section 22, Article II ❑103.11.1 Unsafe Buildings or Systems. All buildings, structures, electrical, gas, mechanical, or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human like, or which in relation to existing uses, constitutes a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal, etc ❑103.11.2 Physical Safety [pools]. Where pool construction commences prior to occupancy certification of a one or two family dwelling unit on the same property, the fence or enclosure required shall be in place at the time of final building inspection.... Where pool construction is commenced after occupancy certification of a one or two family dwelling unit on the same property. the fence or enclosure required shall be in place prior to filling of the pool unless during the period commencing with filling of the pool and ending with completion of the required fence or enclosure, temporary fencing or an approved substitute shall be in place, etc. ❑ 104.135 Prohibited Activities prior to Permit Issuance. A building permit (or other written site specific work authorization such as for excavation, tree removal, well construction, approved site development plan, filling, re - vegetation, etc.) shall have been issued prior to the commencement of work at the site. Activities prohibited prior to permit issuance shall include, but are not limited to, excavation pile driving (excluding test piling), well drilling, formwork, placement of building materials, equipment or accessory structures and disturbance or removal of protected species or habitat, etc. Section 106.1.2 Certificate of Occupancy. ❑106.1.2 Building occupancy. A new building shall not be occupied or a change made in the occupancy, nature or use of a building or part of a building until after the building official has issued a certificate of occupancy, etc. Violation (continued): Florida Building Code 2004 Edition Section 105.1 Permit Application ®105.1 When required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit Section 105.7 Placement of Permit ❑105.7 The building permit or copy shall be kept on the site of the work until the completion of the project Section 111.1 Service Utilities F-1111.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official. Other Ordinance/Narrative: 2004-41 SEC 4.02.01(A) TABLE 2.1: SETBACK REOUIREMENTS FOR MOBILE HOMES IN "VR" ZONIN( DISTRICT. **SUPPLEMENTAL ATTACHED** Order to Correct Violation(s): ®Must be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for described structure/improvements: OR remove said structure/improvements, including materials from property and restore to a permitted state. ®Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion. OR demolish described improvements/structure and remove from property. ®Must effect, or cause, repair and/or rehabilitation of described unsafe building/structure/systems: OR remedy violation by means of permitted demolition of same. violations) must be CORRECTED BY: SEE SUPPLEMENTAL Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to S1000 per day per violation, as long as the violation remains, and costs of prosecution. Resp en 's Si tore Date 07/19/07 Inv ti to ' Signature Date Notice of Violation Original to File Copy to Respondent Copy for Site Posting Copy for Official Posting Rev 6/07 J. Case Number 2007070595 C COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION SUPPLEMENTAL INFORMATION 1) TWO SINGLE WIDE MOBILE HOMES ON DESCRIBED PROPERTY WHICH ARE BOTH APPROXIMATELY 18-24 INCHES FROM THE REAR PROPERTY LINE IN VIOLATION OF ORDINANCE 04-41 SEC.4.02.01(A) TABLE 2.1 WHICH REQUIRES A WNIMUM OF 20 FEET. 2) TWO. SINGLE WIDE MOBILE HOMES ON DESCRIBED PROPERTY WHICH HAVE BEEN CONVERTED INTO MULTI -FAMILY UNITS WITHOUT PROPER COLLIER COUNTY PERMITS. 3) TWO SINGLE WIDE MOBILE HOMES ON DESCRIBED PROPERTY WHICH HAVE BEEN ALTERED WITH ILLEGAL UN -PERMITTED ADDITIONS WHICH INCLUDE A FRONT ROOM AREA AND ROOF -OVER STRUCTURE. Respon nt's Si tore Date In es ' ator's ipature I Date Notice of Violation Original to File Copy to Respondent Copy for Site Posting Copy for Official Posting Rev9/03 Case Number 2007070595 (S- COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION �.,SUPPLEMENTAL INFORMATION ORDER TO CORRECT 1) Must engage the services of a licensed professional, so as to inquire into the feasibility of obtaining a variance from Collier County Zoning and Land Development to allow mobile homes to remain in there current location as it relates to the rear setback from propeM line within 28 business days of the date of this notice and make application for said variance within 45 business days of the date of this notice. 2) Must make application for all required after -the -fact permits within 45 business days of the date of this notice and obtain all required -pen -nits within 120 days of this notice. 3) Must execute permits so as to obtain all required inspections through issuance of Certificate of Occupancy/Completion for all additions/alterations and improvements within 60 days of issuance of permits. 4) Alternatively, may make application and obtain demolition permits for both mobile homes within 45 days of the date of this notice and complete demolition through removal of all debris within 30 days of the issuance of demolition permit(s). Re ondent's Si tore Date e 'gator's Signature Date Notice of Violation Original to File Copy to Respondent Copy for Site Posting Copy for Official Posting Rev9/03 0 ■ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mallpiece, or on the front if space permits. 1. Article Addressed to: HOUSTON, EMMA :F PO BOX 1275 _ IMMOKALEE, FL .34143 1275 A. Signature A X (en`/lr/`� ❑Agent ❑ Address B. Received by ( Printed Name) C. Date ?f DellvE D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: P-�o 3. S e Type Case Nb r- 2007070595 Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandl: ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. An 7006 2760 0003 7738 8253 .� Mr, PS Form 3811, February 2004 Domestic Retum Receipt -s 2 V A R "-jV 102595-02-M-tF U S Postal, SerViceT., ERTIFlEl7 MAIL7h� RECE1V (_Domestic Mai1:17n1y; Nn'Insuranc Coverage Proyrtled) wFor delivery.information.visitlour,website at vt►vw uspsicomj . M Postage Certified Fee M r-3 Return Receipt Fee Postmark (Endorsement Required) Here C3 HOUSTON EMKA •• BOX 1275 • �• CLt �Case • •01m 3600„'A�gusi.Z0D6 � +See'}Teverse for`Instrudtr'6ff5 1, _ (IfiiIF�OSTI�'�5; f.'� Home I Help I Sion In Tracts & Confirm Search Resu fs LabelfP.eceipt Number. 7006 2760 0003 7730 8253 Status:Dermued Your item was delivered at 12:37 PM on August S, 2007 in IMMOKALEE, FL 34142. Additiodal Details>}! ` Return to USPScom flame s Track & Confirm .__ ....... �. .� Enter Labelftceipt Number. t iaa>'i ._r M Florida. Credit is gratefully given to the other members of the publisher's staff for their � cooperation and assistance during the progress of the work on this publication. The publisher is most grateful to Mr. Patrick G. White, Assistant County Attorney, and Mr. Russell Webb, Principal Planner, for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in making the Land Development Code readily available to the public. TAQI C IAICGT- �lILJLL- MUNICIPAL CODE CORPORATION Tallahassee, Florida ORDINANCE NO. 04-41 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RECODIFYING THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 91-102, AS AMENDED; PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.01.00 TITLE, SEC. 1.02.00 AUTHORITY, SEC. 1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.00 APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND INTENT, SEC. 1.06.00 RULES OF INTERPRETATION, SEC. 1.07.00 LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINITIONS; CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING SEC. 2.01.00 GENERALLY, SEC. 2.02.00 ESTABLISHMENT OF ZONING DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN ZONING DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC. 2.06.OQ AFFORDABLE HOUSING DENSITY BONUS, SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTECTION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDANGERED, THREATENED, OR LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTECTION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00 GENERALLY, SEC. 4.02.00 SITE DESIGN STANDARDS, SEC. 4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. .4.04.00 TRANSPORTATION SYSTEM STANDARDS, SEC. 4.05.00 OFF-STREET PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RETENTION, SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES AND STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS, INCLUDING AN AMENDMENT TO SEC. 5.06,06 POLITICAL SIGNS; CHAPTER 6 - INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC. 6.01.00 GENERALLY, SEC. 6.02.00 ADEQUATE ,Oq. PUBLIC FACILITIES REQUIREMENTS, SEC. 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8 - DECISION -MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC. 8.02.00 BOARD OF COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION, SEC. 8.04.00 BOARD OF ZONING APPEALS, SEC. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. 9.02.00 DEVELOPMENT WITH VESTED RIGHTS, SEC. 9.03.00 NON CONFORMITIES, SEC. 9.04.00 VARIANCES; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION -MAKING PROCEDURES, INCLUDING SEC. 10.01.00 GENERALLY, SEC. 10.02.00 APPLICATION REQUIREMENTS, SEC. 10.03.00 NOTICE REQUIREMENTS, SEC. 10.04.00 REVIEW AND ACTION ON APPLICATIONS FOR DEVELOPMENT ORDERS AND PETITIONS FOR AMENDMENTS TO THE OFFICIAL ZONING MAP, THE LDC, OR THE GMP, SEC. 10.05.00 AMENDMENTS TO DEVELOPMENT ORDERS, SEC. 10.06.00 APPEALS, SEC. 10.07.00 ENFORCEMENT, SEC. 10.08.00 CONDITIONAL USES PROCEDURES, AND APPENDICES A THROUGH H, INCLUDING A NEW APPENDIX "H" OF CROSS-REFERENCES BETWEEN THE LDC AND UDC; SECTION FOUR, REPEALER; SECTION FIVE, CONFLICT AND SEVERABILITY; SECTION SIX, PUBLICATION AS THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SEVEN, EFFECTIVE DATES. RECITALS WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners (Board) adopted Ordinance No. 91-102, the Collier County Land Development Code (LDC), which became effective on November 13, 1991, and which has been subsequently amended by numerous ordinances comprising eighteen (18) supplements; and WHEREAS, the Board has directed that the LDC be revised to update and simplify its format, and use; and WHEREAS, the Collier County Planning Commission, acting in part in its capacity as the Local Planning Agency pursuant to § 163.3194 (2), F.S., in a manner prescribed by law, did hold an advertised public hearing on May 6, 2004, which was continued for a hearing on May 20, 2004, which was continued for a separately advertised final consideration and vote on June 17, 2004, and did take affirmative action concerning these revisions to the LDC, including finding that the provisions of the proposed recodification of the LDC implement and are consistent with the adopted Growth Management Plan of Collier County; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold an advertised public hearing on May 11, 2004, which was continued for a hearing on May 25, 2004, which was continued for a separately advertised final adoption hearing on June 22, 2004, and did take affirmative action concerning these revisions to the LDC; and WHEREAS, the revisions to, and recodification of, the LDC does not substantively alter ^ in any way the prior existing LDC text and the substantive provisions of this Ordinance are hereby determined by this Board to be consistent with and to implement the Collier County projection shall not exceed one-half ( 1 /2) the width of the yard. 11. Except as otherwise provided by this LDC, when lots on both sides of an undeveloped recorded lot contain a residential structure whose front yard setback is less than is now required, the average of the setbacks of the two (2) contiguous developed lots shall serve to establish the minimum front yard requirement for the vacant lot. 12. In commercial, industrial and multi -family residential developments, carports which are open on all sides may encroach into the required yards provided they do not encroach into the required landscape buffers, as required by this LDC; and furthermore, if the landscaping is deficient where the carports are proposed, the landscaping must be upgraded to comply with the LDC requirements to the greatest extent possible prior to the issuance of a building permit for said carports. This shall be accomplished by a site development plan amendment or a site improvement plan approval. (Ord. No. 04-72, § 31; Ord. No. 05-27, § 3.P) 10.02.06 Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. ^ a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service /'D established in the Collier County growth management plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be �—. permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of �l. Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict .-. observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on -site or to permit construction of an approved water management system, to minimize stockpiles and hauling off -site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt /L �-. of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). Zoning and land use approval required prior to or simultaneously with issuance of building or land alteration permit or occupancy of land and space. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the Land development Code, shall be required prior to obtaining a building or land alteration permit or to occupying any space of land or buildings or for the conduct of a business in all zoning districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. i. For the purposes of determining compliance with the zoning provisions of the Land Development Code, an approval of a site development plan pursuant to section 10.02.03 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the Land Development Code, including the uses of the building space upon which applicable off-street parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the Land Development Code. ii. In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any approval conferred upon the building and the land pursuant to section 10.02.03 and of a zoning certificate issued for the building and the land, shall be required. iii. A zoning certificate shall be required for any use of land or buildings located in residential zoning districts, which involve the conduct of a commercial or other nonresidentially allowed uses of land or buildings. 2. Building Permit applications for signs. a. General. Any person wishing to erect, place, rebuild, reconstruct, relocate, alter, or change the sign copy (see section 5.06.04 for exceptions) of any sign shall apply for and receive a building permit in accordance with Resolution No. 91-642, prior to the commencement of any work. A building permit will be issued by the community development services administrator, or his designee, provided that all permit requirements of the Code and all other applicable provisions of Collier County's ordinances and regulations have been met. b. Permit fees. A building permit fee shall be collected pursuant to the fee '�` schedule set forth by resolution. SECTION 105 PERMITS rage 1 01 i SECTION 105 PERMITS 105.1 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. 105.1.1 Annual facility permit. In lieu of an individual permit for each alteration to an existing electrical, gas, mechanical, plumbing or interior nonstructural office system(s), the building official is authorized to issue an annual permit for any occupancy to facilitate routine or emergency service, repair, refurbishing, minor renovations of service systems or manufacturing equipment installations/relocations. The building official shall be notified of major changes and shall retain the right to make inspections at the facility site as deemed necessary. An annual facility permit shall be assessed with an annual fee and shall be valid for one year from date of issuance. A separate permit shall be obtained for each facility and for each construction trade, as applicable. The permit application shall contain a general description of the parameters of work intended to be performed during the year. 105.1.2 Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such records at all times or such records shall be filed with the building official as designated. 105.1.3 Food permit. As per Section 500.12, Florida Statutes, a food permit from the Department of Agriculture and Consumer Services is required of any person who operates a food establishment or retail store. 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code. Permits shall not be required for the following: Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1. Portable heating appliance. 2. Portable ventilation equipment. http://ecodes.iccsafe.orgliceelgateway.dlllFlorida%20CustomlBuild2004 FL/3/8?f=templa... 9/21/2007 4.02.01 Dimensional Standards for Principle Uses in Base Zoning Districts A. The following tables describe the dimensional standards pertaining to base zoning districts. Site design requirements apply to the principal building on each site. Table 1. Lot Design Requirements for Principle Uses in Base Zoning Districts. TARI F INSFT- m ��-" gut' 1 " .` a� H.x42. .IGF .�,� tyki None Floor Area Ratio N GC None None A 217,800 165 None E 98,010 150 None RSF-1 43,560 150 None RSF-2 20,000 120 None RSF-3 10,000 Comer lot 95 Interior lot 80 None RSF-4 7,500 75 70 None RSF-5 6,000 70 60 None RSF-6 6,000 70 60 None RMF-6 S.F. Duplex 3+ units 6,500 12,000 5,500 per unit 60 80 100 None RMF-12 43,560 150 None RMF-16 43,560 150 None RT 43,560 150 None VR S.F./MH Duplex M.F. 6,000 10,000 43,560 60 100 150 None MH 6,000 60 None TTRVC Park site lots 20 acres 800 Travel trailers/Park models 40 Campsites 30 None C-1 20,000 100 None C-2 15,000 150 None C-3 10,000 75 None C-4 10,000 100 None C-5 10,000 100 None l 20,000 100 None BP Park site lots 35 acres 20,000 100 45 CON 217,800 150 None P None None None CF 10,000 80 None Table 2. Building Dimension Standards for Principle Uses in Base Zoning Districts. TABLE INSET: None GC 35 None None A 35 None 550 None E 30 None 1,000 None RSF-1 35 None 1-story 1,500 2-story 1,800 None RSF-2 35 None 1,500 1,800 None RSF-3 35 None 1,000 1,200 None RSF-4 35 None 800 1,200 RSF-5 35 None 600 1,200 None RSF-6 35 None 600 800 None RMF-6 35 A 750 None RMF-12 50 A Efficiency 450 1 BR 600 2+ BR 750 None RMF-16 75 A Efficiency 450 1 BR 600 2+ BR 750 None RT 10 stories, not to exceed 100' A 300 (max. for hotel units = 500') None VR S.F.30 MH 30 Duplex 30 M.F.35 None None None B None None MH 30 None None None TTRVC 30 10 None None C-1 35 None 1,000 (ground floor) None C-2 35 A 1,000 (ground floor) None C-3 50 None 700 (ground floor) None C4 75 A 700 (ground floor) Hotels .60 Destination resort .80 C-5 35 A 700 (ground floor) Hotels .60 Destination resort .80 I 50 A 1,000 None BP 35 A 1,000 None CON 35 None None None P C None None None CF Towersiantennas 40 Other 30 D 1,000 (ground floor) None Overlay Districts See table of special design requirements applicable to overlay districts. A = 50% of the sum of the heights of the buildings, but not less than 15 feet. h �. B = 50% of the sum of the heights of the buildings. C = Buildings within 100 feet of an adjoining district are limited to the height of the most restrictive of an adjoining district. D = 50% of the sum of the heights of the buildings, but not less than 25 feet. Table 2.1 - TABLE OF MINIMUM YARD REQUIREMENTS (SETBACKS) FOR BASE ZONING DISTRICTS Note as to setback line measurement: minimum setback fines are typically measured from the legal boundary of a lot, regardless of all easements burdening a lot, with the exception of easements that comprise a road right-of-way where the minimum setback line is to be measured from the road right-of-way easement line. TART F INSFT- i None None : UdiU None f NL E'�su ;. UU ch salt ', m �1f ! a GC A 50 30 50 x E 75 30 75 x RSF-1 50 30 50 x RSF-2 40 20 30 x RSF-3 30 Waterfront 10 Non -waterfront 7.5 25 x RSF-4 25 10 7.5 25 x RSF-5 25 10 7.5 20 x RSF-6 25 10 7.5 20 x RMF-6 S.F.25 NA 17.5 20 x Duplex 25 3 + units 30 NA NA 10 115 20 20 RMF-12 30 a 30 x RMF-16 b a b x RT b a b x VR SF./MH 20 Duplex 35 M.F.35 Waterfront 10 15 15 Non -waterfront 5 15 15 20 30 30 x MH1 25 Waterfront 110 Non -waterfront 17.5 10 x TABLE INSET' 7 � M1fe.JE .. { ,�"✓ a"i Rr r. �' SRI �+ ✓...i..:il'F � •M...ww.wtlG� x .1 � A.+..,. C-1 25 Residential Non- Residential Non- x 25 residential 25 residential 15 15 - CQIT-WIM Rsleta ttY prtdwf tMt•sddns3�d alamPi±d sltvdops) bw BOARDMAN 6 THOMPSON, P.A. n n ll 6 0 Il 0 0 6 Z 1 "110111c 1400-A 15th Street North a OR BOOK PAGE Itnmokalee , FL 33934 i sr /^� f Thb hutrammt pf@pww W. Edward K. Cheffy FROST 6 JACOBS Aom 1300 Third Street South Naples, FL 33940-7287 ( Rnr-W--.'{-5�- A.�� Rccoheo >: PREPARATION OF INSTRIIMEFT ONLY --• COLLIER COl�P1iY tt atslvt nm Uwt ayfl � erect l,60vE Tgts ltgE tall ►ROC8NnN0`OII�tA BY h _. F��tL((t- yeC1La Executed this nL6 day of JulY A. D. 1989 . by I(:U kO a IMNiHT BITATKALEE FFOR HUMAN, FOR M�.NITY,,INC-)orida corporation, 'first party, to ALBERT HOUSTON d tr whose poatof f ice address is C 411 3rd Street, Immokalee, Florida second party: (Whoever mcd htmin the derma "firm party" and ",,rand parr" dull include aios"W and plueal, Lein; lesal ,eproenlativn, and suilnu of individuals, and the wccetaun and ads= of eorPautiatn, .ehetevee the eaatext ,o adorn, a nquiro.) ttneSSCth, That the said first party, for and in consideration of the sum of S 10.00 O.V.C. in hand paid by the said second party. the receipt whereof is hereby acknowledged, does hereby remisa. re - CO >— lease and quit -claim unto the said second party forever, all the right, title, interest, claim and demand which N = the said first party has in and to the following described lot, piece or parcel of land. situate, lying and being ti CDin the County of Collier a a� Florida to -wit: N V tr7 1 Commencing at the South order of the`Y ast 1/4 of the Southeast 1/4 -� of the Southeast 1/4 o S Township 4 South, Range 29 Best, Collier a � County, Florida, r ng Re1kEi}a�a East ovitdary of the Southwest 1/4 of the Southeast 1/4 of t e Southey 1/4 of a id Section for 251.35 feet, thence West 3fee 'f , ence continuing West 100 feet; thence Soo t the Sb f t t e E t e ; h ce North 50 feet to the Point of Beginning. ;1 Commencing at the So t�hd at corner of t ' . So t1/4 of the Southeast 1/4 of the Southeast 1/4 ction 4, Towna @b th, Range 29 East, Collier County, Florida, runn th along the t dSectionfor 2 da fheS Southwest 1/4 of the Southeast 1/4 of theaat 1/`e 100 feet; thence South 5O to the POINT OF BEGINNING; 1 feet; thence East 100 feet; t N feet to the Point of Beginning. Subject to easements, restrictions and reservations of record and to taxes for the current year. c 10 Mall, and to 1101d the dame together with all and singular the appurtenances thereunto belonging or to anywise appertaining, and all the estate, right, title, interest, lien, equity and claim what- soever of the said first party, either in law or equity, to the only proper use, benefit and behoof of the said second party forever. In "�tM-'VhffQdf , The said first party has signed and sealed these presents the day and year INC- first above written. DMKALEE HABITAT FUNDS RS FO�Ii[1M1ANr M� INC-) Sign , sealed an elivered in presence of : (f/k/a Il�A30 .. .............. ....... BY.... .. ........0 ._ .. �.. Vice �deilt By•�............ ........ ..® STATE OF FLOYRI_D'A�,.,, COUNTY OF t�Jr I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared C.`larles C. Smith, Vice President of imd glee habitat for Htmlani'c�, Inc. , to me known to be the person described in and who executed the foregoing instrument and +' arknowltdged t1. before me that he executed the same. a{o day of WITNESS my hand and official seal in the County and S e last aforesaid this�} July A. D. 19U- ntX�2tt 45547�3 0 rd1110 0 00082 6; OR BOOK PAGE STATE3. FLORID COUNTY OF I HEREBY CERTIFY that an this day, before me, an officer duty authorized. In the State aforesaid and In the County aforesaid to take acknowledgments, personally appeared Allan L. Ma. eU, Tream=er of In mkalze Habitat far 111211mlitvt IM, to me known to be the person described in and who executed the foregoing instrument and acknowledged before no that - he executed the tamp - WITNESS my hand and official seal in the County and WState I aforesaid foresaid this of July A. D. 19 89. &4 una Venhed COLLIER COUNly. FLORIDA, JAMU-C. GILES. CLUM Wz /1? �I THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR % COLLIER COUNTY, FLORIDA CIVIL ACTION IN RE: The Marriage of ALBERT HOUSTON, SR., Husband, and EMMA HOUSTON, Z Wife. M CASE NO. 93-2896 CA-01-JBR THIS CAUSE was heard before the Court. FINDINGS OF FACT: o� 1. JURISDICTIONAL: The Court examined the plea ings'anc� heard the evidence and argument of counsel. The Court finds that all necessary residential qualifications and pre -requisites of law have been legally satisfied, and that this Court has jurisdiction of the parties and subject matter of this cause. 2. CHILDREN OF THE MARRIAGE: There are four children born of the marriage, two of whom remain minors, to -wit; PATRICK HOUSTON, born January 17, 1979, and ALDONIA K. HOUSTON, born January 12, 1991. 3. PARENTAL RESPONSIBILITY: The Court finds that it would be in the best interest of PATRICK HOUSTON and ALDONIA HOUSTON for the parties to share parental responsibility. The wife shall De designated primary residential parent of the minor children of the parties. 4. FREQUENT AND CONTINUING CONTACT TO FATHER: The Husband 1 ''A r A /1 shall have frequent and continuing contact with the children, including three (3) weekends per month beginning on Friday evening and continuing through Sunday evening. Frequent and continuing contact shall also include one-half (1/2) of the Christmas school vacation, one-half (1/2) of the Easter school vacation, one (1) month during the summer school vacation, and alternate visitation on Labor Day, Memorial Day, Fourth of July, Thanksgiving and other school holidays, including Teacher Duty Days. The provisions of shared parental responsibility submitted by Stipulation at trial shall also be in effect. 5. MARRIAGE/SEPARATION: The Court finds that the parties were married to each other on December 14, 1969 at Ritter, South Carolina, and lived together as husband and wife until their final separation on or about August of 1993. 6. MARRIAGE IRRETRIEVABLY BROKEN: The Court finds that the parties have established that the marriage is irretrievably broken and should be dissolved au vinculo. o 7. REAL PROPERTY: The Court finds that the parties owned numerous parcels of real property located in Collier and Charlotte b G7 County, Florida. The Court adopts the Wife's evaluations introduced at trial, based upon the affidavits, exhibits and evidence during the trial. The Court finds the value of the Collier County properties are as set forth in Exhibit "A" attached hereto and made a part hereof by reference. The Court finds the value of the Charlotte County properties are as follows: Lot 25 $3,557.00 Lots 29 and 30 $7,049.00 2 f The Court finds that the Third Street property should be distributed to the Wife; Pine Grove Lots 3 and 4 are distributed to the Wife; all Punta Gorda property is distributed to the Husband; the Fourth Street properties are distributed to the Husband; the Pine Grove property other than Lots 3 and 4 are distributed to the Husband. S. CHILD SUPPORT: The Court finds that both parties have an ability to provide child support and maintenance for their minor children, PATRICK HOUSTON, born January 17, 1979, and ALDONIA K. HOUSTON, born January 12, 1981. In accordance with the Child Support Guidelines, the Husband shall pay to the Wife as and for child support the sum of $1,000.00 per month or $232.56 per week, which shall first be due on the Friday following the entry of this FInal Judgment of Dissolution of Marriage. Thereafter, the payment of $232.56 shall be due on Friday of each week. The support of the child shall terminate and the obligation of C> the Husband to pay support shall cease upon: ev a .as A. The death of the child, 'J B. The child reaches 18 years of age. If a child is still pa 9 in school when he attains his 18th birthday, support shall continue C* o� until graduation from high school, C. The valid marriage of the child, D. The lawful entry of the child in military service. E. Said child support shall continue even though the parties' minor children are not in the physical custody of the Wife for brief periods of time due to education or vacation. 3 ! 0 9. MEDICAL INSURANCE FOR CHILDREN: The Court finds that the Wife shall maintain the hospitalization insurance for the benefit of the minor children. The parties shall be equally responsible for the deductible and any uncovered medical expenses for the benefit of the minor children, including but not limited to, hospitalization, out -patient services, prescriptions, optometric expenses, counseling, dental and orthodontic expenses. 10. DIVISION OF PERSONAL PROPERTY: 1. The Court finds that it would be fair and equitable to award the Wife: a. 1983 Truck b. Sewing Machine c. Typewriter d. Piano e. Grandfather Clock f. Tools in one Toolhouse g. 1990 LTD h. Lawnmower chosen by the Husband i. School pension J. Any other personal property currently in her possession. 2. The Court finds that it would be fair and equitable to award the Husband: a. 1991 Truck b. 1993 LTD c. Remaining Tools d. Remaining Lawnmowers including Riding Lawnmower 4 n ' e. Any other personal property currently in his possession. 11. PERMANENT PERIODIC ALIMONY: The Court finds that based upon the equitable distribution and debts to the Husband, permanent periodic alimony is denied. 12. RETROACTIVE TEMPORARY ALIMONY: The Court finds that based upon the evidence and testimony at trial, request for retroactive temporary alimony is denied. 13. CREDIT FOR DEFENDING LITIGATION: Based on the evidence presented at trial, the Court denies the Husbandts request for a credit for defending the outstanding litigation as the Wife will have her own expenses for that litigation. 14. TRIAL OF THE CASE. The Court finds that ALBERT HOUSTON, SR. and EMMA HOUSTON are intelligent, actively participating in the trial of this case, have been represented at all stages of this action by competent counsel. 15. ATTORNEY'S FEES: This Court specifically reserves C)l jurisdiction on the issue of attorney's fees and court costs. The o parties are ordered to attempt to resolve this issue but, if they Deft r—` are unable to resolve same, the Court will entertain a hearing on .G. the issue of attorney's fees and costs. o 0 Based upon the evidence, IT 18 ADJUDOED TEAT: 1. DISSOLUTION OF MARRIAGE: The marriage between ALBERT HOUSTON, SR., Husband, and EMMA HOUSTON, Wife, is dissolved, a vinculo, because it is irretrievably broken. Z. $BARED FARZXTAL RE8pomrRILITY: The following minor children are subject to this proceeding: PATRICK HOUSTON, born 4 January 17, 1979, and ALDONIA K. HOUSTON, born January 12, 1981. The Court finds that it would be in the best interest of the children for the parties to share parental responsibility. A. OTHER SHARED PARENTING PROVIBIONB: In this action, the parents are hereby ordered to observe the following rights of the children, and to follow the shared parenting roles and guidelines. Failure to do so shall subject the parties to sanctions allowed by law. 1. Rights of Children. Both parties are hereby ordered to recognize and acknowledge the following rights of the children: a. Right to a loving, free and open relationship with both parents. b. Right to be treated as an important human being, with unique feelings, ideas and desires. c. Right to continuing care and guidance from both parents. d. Right to know and appreciate what is good in each parent. ora • • e. Right to love a parent despite unworthy qualities of that ev 0 .es parent. f. Right to forgive a parent for any harm that parent may have caused the child, knowingly or unknowingly. 0 g. Right to never hear one parent running down and degrading the other parent. h. Right to never hear the relatives and friends of one parent running down and degrading the other parent. It is the duty of the parents to prohibit and prevent their relatives and friends from running down and degrading the absent parent in the presence 6 25 OR: 2041 PG; 1902 of the child. i. Right to express love, affection and respect for an absent parent in the presence of either parent at any time and any place, without having to stifle that love out of a fear of disapproval by either parent. J. Right to know that the parents' decision to divorce was not due to any fault of the child. k. Right not to be a source of argument between the parents. 1. Right to honest answers to questions about changing family relationships. m. Right to be able to experience regular and consistent contact with both parents and the right to know the reason for any cancellation of time or change of plans. n. Right to have a relaxed, secure relationship with both parents without being required or allowed to manipulate one parent against the other. o. Right to be encouraged to visit and contact the absent parent, by letter and phone, frequently and continuously. p. Right to have their parents cooperate to make visitation plans for the children and not require the children to arrange for visitation. q. Right to have child support paid timely and in full. r. Right to visitation with a spouse obligated to pay child support oven though the child support due may be in arrears or late. S. Violation of any of the foregoing provisions regarding 7 the rights of the children will be regarded by the court as conduct that is contemptuous of the court's authority and will be dealt with accordingly. 2. Shared Parental Responsibility. t. The Court finds that the parents have difficulties communicating about parenting decisions and visitation. The parties need to recognize their duty to allow the other parent to share in parenting or they will have difficulties with parenting decisions. u. Each parent has a duty to promote the other parent in the eyes of the child and to not "run down" or alienate the other parent from the child. The parties will feel a desire to do this if they do not learn how to separate their feelings for each other from their duties as parents. V. The parents must always reassure their children that the absent parent has not abandoned them, still loves them and is thinking about them no matter how strongly the parties feel that N the other parent is a "bad" person. The court does not find that 0 :A`+ either parent is a "bad" person or a bad parent. The parties must never communicate such an idea to their children. This is what '+ eta 0 shared parenting requires and it is what the court orders. c..s 3. Shared Parenting Roles. w. Shared parenting means that each parent is to have a voice and commitment in making decisions important to the welfare and upbringing of a child. x. The parent with whom the child resides primarily has no 8 27 greater priority or duty to make parenting decisions and aay not make parenting decisions without consulting with the non- residential parent. y. Each parent is hereby ordered to be flexible in sharing parenting responsibilities and to facilitate the mutual goal of establishing and continuing a close, full and affectionate relationship between each parent and the children. Z. Each parent shall have full access to the children -Is medical and school records and shall be given copies of all report cards by the parent receiving these promptly after these are received by either parent from the child or the school. The parties shall consult with one another with regard to all medical and educational matters which would have been decided jointly by the parties had they remained together as husband and wife. aa. Each parent shall be timely advised by the other parent of all school conferences, recreational happenings and opportunities that could be shared with mutual pleasure and benefit ev the opportunities to so share at appropriate times and places shall 0 be permitted, not limited to weekends, but arranged with due regard j for the educational commitments of the children, business and o personal commitments of the parents, any relevant health or social factors and home arrangements of the residential parent. 4. Shared Parenting Guidelines. Both parents are hereby ordered to recognize that high levels of conflict between them as parents could impair the adjustment and functioning of their children. Both parents must follow the following parenting 9 -1 guidelines: OR: 2041 Pc: 1905 bb. Each parent shall recognize the child as a total and separate entity from themselves, shall encourage the child's autonomy and will separate the child's needs from the parent's needs. cc. Each parent shall respect the rights of the child set forth above. dd. Each parent shall become knowledgeable about the general developmental needs and characteristics of children at different stages of development. se. Each parent shall be adaptable and flexible in responding to the needs of the children and their behavior. ff. Each parent shall provide the children with an environment in which the children are free to continue to love the other parent and spend time with the absent parent. gg. Each parent shall encourage the children to have good feelings about the other parent and the other parent's extended family. hh. Each parent shall encourage the children to remember the other parent on special occasions, allowing the children to telephone on a reasonable basis, the time and length of the phone calls to be reasonable under the circumstances. ii. Each parent shall communicate with the other parent openly, honestly, and regularly with clarity and respectfulness to avoid misunderstandings. jj. Both parents shall plan all visitation arrangements and 10 • exchanges together and not through the child. The child has no responsibility to arrange and coordinate visitation; this is the duty of the parents. kk. Each parent shall plan and consult with the other parent in advance to schedule or arrange time with the child. 11. Neither parent shall take sides or take issue with parenting decisions or actions made by the other parent in front of the child. The parents shall discuss their differences regarding parenting decisions out of the presence of the child. mm. Both parents shall present a united front in handling any problems with the child. nn. Each parent shall consistently enforce appropriate rules and standards for the child although those rules at each house need not be the same. oo. Each parent shall take a consistent and predictable role in the child's lives, using time with the child to strengthen their relationship with the child. pp. Each parent shall take a consistent and predictable role in the child's lives, using time with the child to strengthen their relationship with the child. qq. The spouse entitled to receive child support shall not restrict, hinder or deny visitation of the child with the paying spouse if the child support is in arrears or paid late. The court will deal with a nonpaying spouse. rr. Neither parent will, directly or indirectly, influence the child so as to negatively affect the loving relationship 11 .3,a between the child and the other parent. on. Neither parent shall ever "bad mouth" or otherwise speak negatively about the absent parent in front of the child, or otherwise assassinate the character of the absent parent. tt. Both parents will at all times prohibit and prevent other relatives, family members and friends from speaking negatively about the absent parent in from to the child, or uu. Parents who assassinate the character of the absent parent in front of the child, or allow others to do so, will be dealt with harshly by the court and, in general, violation of any of the foregoing provisions regarding shared parenting will be regarded by the court as conduct that is contemptuous of the court's authority and will be dealt with accordingly. 3. PRIMARY RESIDENTIAL PARENT: The Wife shall be the primary residential parent of the minor children of the parties. 4. FREQUENT AND CONTINUING CONTACT TO FATHER: It is in the va best interest of PATRICK HOUSTON and ALDONIA HOUSTON that ALBERT 0 HOUSTON, SR. have frequent and continuing contact with them, f..r including three (3) weekends per month beginning on Friday evening and continuing through Sunday evening. Further, he shall have frequent and continuing contact including one-half (1/2) of the 0 J Christmas school vacation, one-half (1/2) of the Easter school vacation, one (1) month during the summer school vacation, and alternate visitation on Labor Day, Memorial Day, Fourth of July, Thanksgiving and other school holidays, including Teacher Duty Days. 12 u 5. RZAL PROPERTY: The Court finds that the parties own real estate in Collier county and Charlotte County, Florida. The Wife shall have full, right, title and interest to the following -described property: Lots 3 and 4, PINE GROVE, as recorded in O.R. Book 1073, Page 364, of the Public Records of Collier County, Florida. Section 4 47 29, Collier County, Florida. / Beginning at the SE corner of SW 1/4 of SE 1/4 f of 3E 1/4, run N along E boundary 1300: S 880 W 301 to POD; W 1351; N 010 W 201.30•, E 60•, S 019 E 181.301, N 880 E 751, S01° E 20' to the POD. Section 4 47 29, Collier County, Florida. Unrecorded Lot 12, described as: N50' of E 105$ of SE 1/4 of SW 1/4 of SE 1/4 of SE 1/4, less 301. Section 4 47 29, Collier county, Florida. Unrecorded Lot 13, described as: S 50• of E 1051 of N 100' of SE 1/4 of SW 1/4 of SE 1/4 of SE 1/4, less 301. Section 4 47 29, Collier County, Florida. Unrecorded Lot 14, described as: S 50, of E 1051 of N 150' of SE 1/4 of SW 1/4 of SW 1/4 of SE 1/4 of SE 1/4, less 301. Section 4 47 29, Collier County, Florida. N 51.304 of E 137' of W 167' of S 181.301 of SE 1/4 of SW 1/4 of SE 1/4 of SE 1/4, 16 acres. Section 4 47 29, Collier County, Florida. N 50, of E 1371 of W 1671 of SE 1/4 of SW 1/4 of SE 1/4 of SE 1/4, O.R. Book 671. Section 4 47 29, Collier County, Florida. Beginning at SE corner of SW 1/4 of SE 1/4 of SE 1/4, run N along E boundary 1501, S 880 W 301 to POB, W 75, N 31.31 E 751 S 31.31 to POB. The Wife shall be financially responsible for the mortgage payments, taxes, insurance and maintenance expenses for said 13 - .; property and agrees to indemnify and protect the Husband and hold him harmless for these obligations. In consideration of the Wife assuming all of the outstanding obligations of the property, the Husband shall assign or transfer by way of necessary documents his interest in this property to the Wife within ten (10) days of the signing of this Final Judgment of Dissolution of Marriage. If the Husband fails to sign the necessary documents within the ten-day period, this Final Judgment shall act as a conveyance of the property. The Husband shall have full right, title and interest to the following -described property: Lot 5, PINE GROVE, as recorded in O.R. Book 836, Page 458, of the Public Records of Collier County, Florida. Lot 6, PINE GROVE, as recorded in O.R. Book 1096, Page 1171, of the Public Records of Collier County, Florida. Block 9, CARSONS ADDITION,Lots 8 and 9, O.R. Book 671, Page 383, of the Public Records of Collier County, Florida Block 9, CARSONS ADDITION, Lot 6, O.R. Book 1477, Page 855, of the Public Records of Collier County, Florida. Lot 25, TRABUES ADDITION, Punta Gorda, O.R. Book 598, Page 1472, of the Public Records of Charlotte County, Florida. Lots 29 and 30, TRABUES ADDITION, Punta Gorda, O.R. Book 363, Page 992, and O.R. Book 411, Page 850, Public Records of Charlotte County, Florida. The Husband shall be financially responsible for the mortgage payments, taxes, insurance and maintenance expenses for said property and agrees to indemnify and protect the Wife and hold her harmless for these obligations. In consideration of the Husband assuming all of the outstanding obligations relative to the 14 .3_ property, the Wife shall assign or transfer by way of necessary documents her interest in this property to the Husband within ten (10) days of the signing of this Final Judgment of Dissolution of Marriage. If the Wife fails to sign the necessary documents within the ten-day period, this Final Judgment shall act as a conveyance of the property. 6. OUPPORT OF THE CHILDREN: The Court finds that both parties have an ability to provide child support and maintenance for their minor children, PATRICK HOUSTON, born January 17, 1979, and ALDONIA K. HOUSTON, born January 12, 1981. In accordance with the Child Support Guidelines, the Husband shall pay to the Wife as and for child support the sum of $l,000.00 per month or $232.56 per week, which shall first be due on the Friday following the entry of ^ this Final Judgment of Dissolution of Marriage. Thereafter, the child support payments shall be due on Friday of each week. The above support payments shall be made through the Collier County Clark of Court, Support Department, 3301 E. Tamiami Trial, o OsloNaples, FL 33962, and shall include the service charge or such b other fee as imposed by the Clerk according to law. All such payments shall, where by mail, be made by cashier's check, personal check or money order with the case number and a v notation "child support' made on the cashier's check, personal check or money order. The support rights of the children shall terminate and the obligation of the Husband to pay support shall cease upon: A. The death of the child, 15 B. The child reaches 18 years of age. If a child is still in school when he attains his 18th birthday, support shall continue until graduation from high school, C. The valid marriage of the child, D. The lawful entry of the child in military service. E. Said child support shall continue even though the parties' minor children are not in the physical custody of the Wife for brief periods of time due to education or vacation. 7. DIVISION OF PERSONAL PROPERTY. The Court finds that it would be fair and equitable to award the Wife the following: a. 1983 Truck b. Sewing Machine C. Typewriter d. Piano e. Grandfather Clock 0 f. Tools in one Toolhouse �v N g. 1990 LTD automobile o .p. h. Lawnmower chosen by the Husband '+ b J. School pension G? J. Any other personal property currently in her possession. The Court finds that it would be fair and equitable to award ~ the Husband the following: a. 1991 Truck b. 1993 LTD automobile C. Remaining Tools d. Remaining Lawnmowers including Riding Lawnmower 16 '3S e. Any other personal property currently in his possession. 6. TRIAL OF THE CASE. The Court finds that ALBERT HOUSTON, SR. and EMMA HOUSTON are intelligent, actively participating in the trial of this case, have been represented at all stages of this action by competent counsel. 9. MEDICAL INSURANCE FOR CHILDREN: The Court finds that the Wife, ENKA HOUSTON, shall maintain her medical and hospitalisation insurance for the benefit of the minor children. The parties shall be equally responsible for the deductible and any uncovered medical expenses for the benefit of the minor children, including but not limited to, hospitalization, out -patient services, prescriptions, optometric expenses, counseling, dental and orthodontic services. 10. PERMANENT PERIODIC ALIMONY: Based upon the equitable distribution and debts to the Husband, the Court finds that the Wife's request for permanent periodic alimony is denied. 11. RETROACTIVE TEMPORARY ALIMONY: Based upon the evidence and testimony at trial, the Wife's request for retroactive N O temporary alimony is denied. 12. CREDIT FOR DEFENDING LITIGATION: Based on the evidence G? presented at trial, the Court denies the Husband's request for a credit for defending the outstanding litigation is denied as the N Wife will have her own expenses for that litigation. 13. ATTORNEY'S FEES: This Court specifically reserves jurisdiction on the issue of attorney's fees and court costs. The parties are ordered to attempt to resolve this issue but, if they are unable to resolve same, the Court will entertain a hearing on 17 0 • • the issue of attorneys fees and costs. 14. RESERVATION OF JURISDICTION: This Court specifically reserves jurisdiction of this matter to enter such further orders as may be necessary for the enforcement of this decree. Further, both parties are ordered to take such reasonable and necessary action and to conduct themselves in manner conducive to carrying out the intent and purpose of this Judgment. DONE AND ORDERED in Chambers at Naples, Collier County, A Florida, this _a day of %/%� , 1995. �;r F-427. ,lay 'Rdsnan Cir it Edge Pursuant to Rule 1.080, service of the foregoing has been made this _* day of ZyAdCk , 1995, upon: Howard Atkin, Esquire P.O. BOX 2856 Ft. Myers, FL 33902 Dewey Mockler, Esquire P.O. Box 749 Ft. Myers, FL 33902 c v'tti By: '(Zhudicial Assistant) 18 OR; 2041 PG: 1914 FC1053 OC1243 IDC169602080023100000000000ICHOUS-rON, JEANNE A 3 S NAME-1 <OR> STRAP <OR> STREET FOLIO ID LEGAL-1 .OR. NAME-1 ......... C 3CHOUSTON ET UX, RALPH F IC398968800073EGOLDEN GATE EST UNIT 64 W 3 C 3CHOUSTON TR, MARY LOUISE 3C191350006493CSEAGATE UNIT 1 LOT 32 OR 3 C 3CHOUSTON, ALBERT 3C00125880008314 47 29 BEG AT SE COR OF 3 C 3CHOUSTON, ALBERT 3C001260001043C4 47 29 BEG AT SE CHR OF SW1/3 C 3CHOUSTON, ALBERT 3C00126960008314 47 29 H 5OFT OF E 137FT OF 3 ALBERT 31256311200043CCARSONS ADD BLK 9 LOTS 6 3 ,G_,,3CH0U8fON, ICHOUSTON, ALBERT 3EE56312000053CCARSONS ADD BLK 9 LOTS 8 + 9 3 . 3CHOUS* N, ALBERT 3C669302080883CPINE GROVE LOT 6 OR 1096 PG 3 C 3CHOUSTON, ALBERT-& EMMA 3CO01259600093C4 47 29 UNREC'D LOT 14 DESC A3 C 3CHOUSTON9 ALBERT-b EMMA 3CO01261600023C4 47 29 UNRECID LOT 13 DESC A3 C 3CHOUSTON9 ALBERT-i EMMA 3CO01268800073C4 47 29 N 51.30FT OF E 137FT 3 C 3CHOU83�jN,.. fiLBERT-8 EMMA 3C001275634043C4 47 29 UNRECID LOT 12 DESC A3 C 3CHOU8TON, ALBERT-b EM4A 3C669301200073CPINE GROVE LOTS 3 + 4 OR 19733 C 3CHOUSTON, CAROL ANN 3C085937200043C21 50 33 N1/2 OF NW1/4 OF 3 C 3CHOUSTON, DERRICK LEON 3C740304000043CS IMMOKALEE HGTS BLK 1 LOT 123 C 3CHOUSTON, DIXIE DELORES 3C405779200003CGOLDEN GATE EST UNIT 75 W 3 C 3CHOUSTON, EMMA % 3C669301600093CPINE GROVE LOT 5 OR 836 PG 3 C 3CHOUSTON, HELENA 3C709215337093CROCKY PINES ESTATES UNIT 2 3 C 3CHOUSTON, JAMES W-d PATRICIA M3101073400005312 52 29 E1/2 OF SE1/4 OF 3 C 3CHOUSTON9 JEANNE A 3C169682008023CFT CHARLES DR SECT PORT ROYALS USE TOP LINE AS NORMAL REQUEST LINE. = MARKS WANTED FOLIO COL S. RES476 Novermber 28, 1994 I HERESY CERTIFY, that the above represents the portion of the Collier;Cotutty Index of property owners indicating properties in the name of Albert 6 Emma i'uuston. A printout of each property is attached. Abe Skinner, C A -� Collier County Property Appraiser n #\r N"FPS '"IitT 93 - 6 •'i1v:lL:•:�i`%i::J:F' ...il..... �.. ... ...... .. ... � �:i.ill�=�r:�h/!�'�� • OR: 2041 PG: 1920 'CC053 OCC243 IDC00125888008318000000000031 3 'OLIO C001258800083 OWNER>CHOUSTON, ALBERT 3 (TRAP C 472904 086. 0062E043C411 3FD ST 3 10 C 1143 ITM C153 . C 3 TAX ROLL FORMAT 'ALE DATE C 43CO8893 C 3 f AMT C 50003 C 3 ACRES C .283 CIMMOKALEE FL 3C339343180883 AREA 113 TRS->C473C293C043 1993-VALUE CERT-94-VAL .FOAL-1 C4 47 29 BEG AT SE COR OF 3 C 023 LND $1 39253 C 39253 -2 CSW1/4 OF SE1/4 OF SE1/4 RUN N 3 USE -CD IMP fC 184001 C 180253 CALO E DDRY 130FT;S 88DEG W 3 TOT $C 223253 C 219583 -4 i C38FT TO POB, W 135 FT; N 01DEG3 TAXABLE fC 223253 C 219503 STD-X f C 83 MILL -CODE 0x-X t C 03 C 53 CNTY fC 80.233 MSTU fC 41.963 IV-X $ C 03 S-SL fC 130.933 WMS $C 9.243 ET-X f C 03 MILL -RATE S-LB 61 51.603 ISD fC 43.813 LD-X f C 03 *C16.37363 CITY $C .003 VADP fC 1.633 ID-X f C 03 -1994- AO-X f C 03 *APPROXIMATE --> 1994 TAXES <-- TOTAL $C 359.403 WH-X $ C 03 LOCATION CIM 3RD ST S 4113 RES477 t 24 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. EMMA HOUSTON, Respondent CEB NO. 2007-114 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on January 24, 2008, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: FINDINGS OF FACT That Emma Houston is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, appeared at the public hearing. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 415 S. 3`d Street, Immokalee, Florida 34143, Folio 00 1 25880008,more particularly described as (see attached legal) is in violation of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 4.02.01(A), table 2.1, 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i) and the Florida Building Code, 2004 Edition, Section 105.1 in the following particulars: Two mobile homes on property which are approximately 18-24 inches from the rear property line in violation of setback requirements. Also, both mobile homes have been illegally converted from single family units to multi -family without proper permits and both mobile homes also have additions which are unpermitted. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 4.02.01(A), table 2.1, 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i) and the Florida Building Code, 2004 Edition, Section 105.1 be corrected in the following manner: 1. By obtaining any and all required Collier County Permits for additions to, conversions of, and placement of both mobile homes and by obtaining all required inspections and Certificate of Occupancies within 90 days (April 23, 2008). 2. In the alternative, by obtaining demolition permits for the removal of both mobile homes and completing the demolition through the removal of all debris within 90 days (April 23, 2008). 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by April 23, 2008 then there will be a fine of $200 per day for each day for each day the violation remains. 4. That if, in the alternative, the Respondent does not comply with paragraph 2 of the Order of the Board by April 23, 2008, then there will be a fine of $200 per day for each day the violation remains. 5. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 6. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $333.13 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this day of , 2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY:Aa--- Sheri Barnett, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) 4+, The foregoing instrument was acknowledged before me this..30day of 2008, by Sheri Barnett, Chair of the Code Enforcement Board of Collier County, Florida, who is s personally known to me or __IL� who has produced a Florida Driver's License as identification. KRffnNE FIOI.TON MY COMMISSION # NOTARY PUBLIC f = EXPIRES: June 18, 2011 011 ewWwThruNot" puwU-nftw1 rs My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Emma Houston, P. O. Box 1275, Immokalee, Florida 34143 this '.z '-day of -� , 2008. �cv tt t`y ` f �� 1.' ! � � M. 'rea�r'Rawson, Esq. Florida Bar No. 750311 '� C a r,C Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 +tr,•. ";i ! this (239) 263-8206 Y' OW iGV4e ... ,�A,w � +, L:E.� iiK Gi CCURT* D C; �✓ .. WAT.Mus "is ROM to: (endM oNf-mBruW AleMped farvdops) t(aes BOARD14AN b THOKPSON, P.A. Asttsse 1400-A 15th Street North Immokalee, FL 33934 T1ds IrotmmMt ptepww by: Edward K. Cheffy FROST 6 JACOBS Aeaws 1300 Third Street South Naples, FL 33940-7287 PREPARATION OF INSTRIVIENT ONLY 5000. 0n1►160 OR BOOK 11006Z3 PAGE Rccoiwao - COLLIER CO hITY -;LEGR ear BYy __ C'.C. KAM AM Tmi ME FOR PIO O DATA KALE AIDYE NETMa t1t1 OaTA to , n / ••(�- y-a Executed this o2 6 day of July . A. D. 10 B9 , by j"O�ALEE HABITAT FOR HUMANITY INC., a Forida corporation, k/a IMMOKALEE FUNDS FOR HUMANITY, INC. I first party, to ALBERT HOUSTON a m whose postof flee address is co 411 3rd Street, Irmnokalee, Florida second party: (Wherever used Lerein the terror "fine pant" ad "erood pant" shall i-lude .iasuhar and plural, Leila; lead reprnentativa, and saiam of individuals, and the wcceuan and msiste of ce'poruiom, wiseteva the t:onusl w admire ar nquiro.) Iffitnttat&, That the said first party, for and in consideration of the sum of S 10.00 O. V . C. In hand paid by The said second party. the receipt whereof is hereby acknowledged, does hereby remise, re - CO >- lease and quit -claim unto The said second party forever, all the right, title, interest, claim and demand which N = the said first party has in and to the following described lot, piece or parcel of land, situate, lying and being c~v v in the County of Collier R .. Florida , to -wit: cr7 Commencing at the Southee orner of the h�Pat 1/4 of the Southeast 1/4 ^� --t of the Southeast 1/4 o S Township 4 South, Range 29 East, Collier o � County, Florida, r ng N a3vsrg-tom East ou6dary of the Southwest 1/4 of the Southeast 1/4 of t Sou l/4 of a id Section for 251.35 feet, thence West 30 fee f a , t ence continuing West 100 feet; thence South 5 f t e E t e ; th ce North 50 feet to the Point of Beginning. (, ,L Commencing at the So .egat corner of t '.Sot�, 1/4 of the Southeast 1/4 of the Southeast 1/4 �ction 4, Towns 7/ Ob th, Range 29 East, Collier Countys Florida, runn th along the t(.ii undary of the Southwest 1/4 of the Southeast 1/4 of heart 1/`� d Section for 201.35 feet to the POINT OF BEGINNING; est 100 feet; thence South 50 feet; thence East 100 feet; t feet to the Point of Beginning. Subject to easements, restrictions and reservations of record and to taxes for the current year. To 7f10orYe Md to Vold the same together with all and singular the appurtenances !hereunto bolonging in anywise appertaining. and all the estate, right, iitle, interest, lien, equity and claim wkat- aoever of the said fiat party. either in law or equity, to the only proper use, benefit and behoof of the said second patty forever. �( •��Ctof s The said first party has sfgeled and sealed these presents the day and year first above written. IMMOKALEE HABITAT FOR ZZMNITY, INC. Sign ,sealed an eliuerad in presence of: (f/k/a FUNDS FOR 1iI1N1I►NM, INC.) .». .. r......�/.rf...... .. ...._................... .... ..... BY..... .. M_ G.... Bp.+y¢, �+........ ....... ® .. .�Ee2��... .. .. ........... .• �.. .. ...�� . ... C.+.Z� pa Clt7• STATE OF FLORIDA COUNTY OF COLD I HEREBY CERTIFY that on the days before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, penonalty appeared G'iarles C. Srth, Vice President of 7r, d),alee Habitat for HiIIft=L,i V, Inc- r to me known to be the person described in and who executed the foregoing instrument and arknowicdaed before the that the executed the same. -~ WITNESS my hand and official seal in the County and S e last aforesaid the t�� dvy of July A. D. 19 89. rn� Carn�,ca[au-f-xpal.�*� �j��43 xf. . t tw.. VWvffp no 1480 00062i+ .' OR BOOK PAGE STATE OF FLORIDA. COUNTY OF. COLLIER} I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and In the County aforesaid to take aeknowledgmenth pemnally appeared Allan L. Rudellt Treasurer of MTmkalee Habitat for Hwanityr Inc. m me known to be the perm described is and who executed the foregoing instrument and acknowledged before me that he executed the same. n WITNESS ttty hand and official sad to the County and State aforesaid this �� ,l.^'day of July A D. 19 So. y� �]. . (!2V... Al'MGrsQ�xdrie+.�- „• vrT 0-V R,,,odat and Ve-h-d x' 4tecol We 'dam N COLLIER COUHiY• FLORIDA JAMESC. GILES. CLUX /4 fI THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY FLORIDA CIVIL ACTION IN RE: The Marriage of ALBERT HOUSTON, SR., Husband, and CASE NO. 93-2896 CA-0I-JBR EMMA HOUSTON, i Wife. 4 TRIO CADBS was heard before the Court. ' C)ca VINDINGB OF FACT: ®^ 1. JURISDICTIONAL: The Court examined the pleathgs.an4*� ., v • cp heard the evidence and argument of counsel. The Court finds that eg• qualifications and pro -requisites of law all necessary residential q P � ' have been legally satisfied, and that this Court has jurisdiction N w: of the parties and subject matter of this cause. 2. CHILDREN OF THE MARRIAGE: There are four children born of ego N y the marriage, two of whom remain minors, to -wit; PATRICK HOUSTON, born January 17, 1979, and ALDONIA K. HOUSTON, born January 12, 1981. . 3. PARENTAL RESPONSIBILITY: The Court finds that 1t would be in the best interest of PATRICK HOUSTON and ALDONIA HOUSTON for the parties to share parental responsibility. The wife shall be designated primary residential parent of the minor children of the go parties. 4. FREQUENT AND CONTINUING CONTACT TO FATHER: The Husband 1 0 • shall have frequent and continuing contact with the children, including three (3) weekends per month beginning on Friday evening and continuing through Sunday evening. Frequent and continuing contact shall also include one-half (1/2) of the Christmas school vacation, one-half (1/2) of the Easter school vacation, one (1) month during the summer school vacation, and alternate visitation on Labor Day, Memorial Day, Fourth of July, Thanksgiving and other school holidays, including Teacher Duty Days. The provisions of shared parental responsibility submitted by Stipulation at trial shall also be in effect. S. MARRIAGE/SEPARATION: The Court finds that the parties were married to each other on December 14, 1969 at Ritter, South Carolina, and lived together as husband and wife until their final separation on or about August of 1993. 6. MARRIAGE IRRETRIEVABLY BROKEN: The Court finds that the parties have established that the marriage is irretrievably broken and should be dissolved au vinculo. v 7. REAL PROPERTY: The Court finds that the parties owned N numerous parcels of real property located in Collier and Charlotte b CIA County, Florida. The Court adopts the Wife's evaluations ca introduced at trial, based upon the affidavits, exhibits and evidence during the trial. The Court finds the value of the Collier County properties are as set forth in Exhibit "A" attached hereto and made a part hereof by reference. The Court finds the value of the Charlotte County properties are as follows: Lot 25 $3,557.00 Lots 29 and 30 $7,049.00 The Court finds that the Third Street property should be distributed to the Wife; Pine Grove Lots 3 and 4 are distributed to the Wife; all Punta Gorda property is distributed to the Husband; the Fourth Street properties are distributed to the Husband; the Pine Grove property other than Lots 3 and 4 are distributed to the Husband. 8. CHILD SUPPORT: The Court finds that both parties have an ability to provide child support and maintenance for their minor children, PATRICK HOUSTON, born January 17, 1979, and ALDONIA K. HOUSTON, born January 12, 1981. In accordance with the Child Support Guidelines, the Husband shall pay to the Wife as and for child support the sum of $1,000.00 per month or $232.56 per week, which shall first be due on the Friday following the entry of this FInal Judgment of Dissolution of Marriage. Thereafter, the payment of $232.56 shall be due on Friday of each week. The support of the child shall terminate and the obligation of C:) the Husband to pay support shall cease upon: e.a 0 .Cft A. The death of the child, `+ B. The child reaches 18 years of age. If a child is still b 4? in school when he attains his 18th birthday, support shall continue ors until graduation from high school, C. The valid marriage of the child, D. The lawful entry of the child in military service. E. Said child support shall continue even though the partiesf minor children are not in the physical custody of the Wife for brief periods of time due to education or vacation. 3 0 9. MEDICAL INSURANCE FOR CHILDREN: The Court finds that the Wife shall maintain the hospitalization insurance for the benefit of the minor children. The parties shall be equally responsible for the deductible and any uncovered medical expenses for the benefit of the minor children, including but not limited to, hospitalization, out -patient services, prescriptions, optometric expenses, counseling, dental and orthodontic expenses. 10. DIVISION OF PERSONAL PROPERTY: 1. The Court finds that it would be fair and equitable to award the Wife: a. 1983 Truck b. Sewing Machine c. Typewriter d. Piano e. Grandfather Clock f. Tools in one Toolhouse g. 1990 LTD h. Lawnmower chosen by the Husband J. School pension J. Any other personal property currently in her possession. 2. The Court finds that it would be fair and equitable to award the Husband: a. 1991 Truck b. 1993 LTD c. Remaining Tools d. Remaining Lawnmowers including Riding Lawnmower 4 • 0 s. Any other personal property currently in his possession. 11. PERMANENT PERIODIC ALIMONY: The Court finds that based upon the equitable distribution and debts to the Husband, permanent periodic alimony is denied. 12. RETROACTIVE TEMPORARY ALIMONY: The Court finds that based upon the evidence and testimony at trial, request for retroactive temporary alimony is denied. 13. CREDIT FOR DEFENDING LITIGATION: Based on the evidence presented at trial, the Court denies the Husband's request for a credit for defending the outstanding litigation as the Wife will have her own expenses for that litigation. 14. TRIAL OF THE CASE. The Court finds that ALBERT HOUSTON, SR. and EMMA HOUSTON are intelligent, actively participating in the trial of this case, have been represented at all stages of this action by competent counsel. 15. ATTORNEY'S FEES: This Court specifically reserves jurisdiction on the issue of attorney's fees and court costs. The o parties are ordered to attempt to resolve this issue but, if they soft are unable to resolve same, the Court will entertain a hearing on .G. the issue of attorney's fees and costs. o 0 Based upon the evidence, IT 18 ADJUDGED THAT: 1. DISBOLUTION OF MARRIAGE: The marriage between ALBERT HOUSTON, SR., Husband, and EMMA HOUSTON, Wife, is dissolved, a vinculo, because it is irretrievably broken. 2. 8RhRED PARENTAL RESPONSIBILITY: The following minor children are subject to this proceeding: PATRICK HOUSTON, born 5 r 1 • • January 17, 1979, and ALDONIA K. HOUSTON, born January 12, 1981. The Court finds that it would be in the best interest of the children for the parties to share parental responsibility. A. OTHER SHARED PARENTING PROVISIONS: In this action, the parents are hereby ordered to observe the following rights of the children, and to follow the shared parenting roles and guidelines. Failure to do so shall subject the parties to sanctions allowed by law. 1. Rights of Children. Both parties are hereby ordered to recognize and acknowledge the following rights of the children: a. Right to a loving, free and open relationship with both parents. b. Right to be treated as an important human being, with unique feelings, ideas and desires. a. Right to continuing care and guidance from both parents. d. Right to know and appreciate what is good in each parent. ob7a • • e. Right to love a parent despite unworthy qualities of that ev 0 Quo parent. f. Right to forgive a parent for any harm that parent may b G� have caused the child, knowingly or unknowingly. 0 g. Right to never hear one parent running down and degrading the other parent. h. Right to never hear the relatives and friends of one parent running down and degrading the other parent. It is the duty of the parents to prohibit and prevent their relatives and friends from running down and degrading the absent parent in the presence 6 OR: 2041 PG: 1902 of the child. i. Right to express love, affection and respect for an absent parent in the presence of either parent at any time and any place, without having to stifle that love out of a fear of disapproval by either parent. J. Right to know that the parents' decision to divorce was not due to any fault of the child. k. Right not to be a source of argument between the parents. 1. Right to honest answers to questions about changing family relationships. M. Right to be able to experience regular and consistent contact with both parents and the right to know the reason for any cancellation of time or change of plans. n. Right to have a relaxed, secure relationship with both parents without being required or allowed to manipulate one parent against the other. o. Right to be encouraged to visit and contact the absent parent, by letter and phone, frequently and continuously. p. Right to have their parents cooperate to make visitation plans for the children and not require the children to arrange for visitation. q. Right to have child support paid timely and in full. r. Right to visitation with a spouse obligated to pay child support even though the child support due may be in arrears or late. as Violation of any of the foregoing provisions regarding h ® 0 the rights of the children will be regarded by the court as conduct that is contemptuous of the court's authority and will be dealt with accordingly. 2. Shared Parenzai nRiuLwum t. The Court finds that the parents have difficulties communicating about parenting decisions and visitation. The parties need to recognize their duty to allow the other parent to share in parenting or they will have difficulties with parenting decisions. u. Each parent has a duty to promote the other parent in the eyes of the child and to not "run down" or alienate the other parent from the child. The parties will feel a desire to do this if they do not learn how to separate their feelings for each other from their duties as parents. V. The parents must always reassure their children that the absent parent has not abandoned them, still loves them and is O thinking about them no matter how strongly the parties feel that N 0 the other parent is a "bad" person. The court does not find that � O either parent is a "bad" person or a bad parent. The parties must never communicate such an idea to their children. This is what v tv shared parenting requires and it is what the court orders. 3. ,Shared Paren};.^Q oles. w. Shared parenting means that each parent is to have a voice and commitment in making decisions important to the welfare and upbringing of a child. with whom the child resides primarily has no x. The parent 8 • greater priority or duty to make parenting decisions and may not make parenting decisions without consulting with the non- residential parent. y. Each parent is hereby ordered to be flexible in sharing parenting responsibilities and to facilitate the mutual goal of establishing and continuing a close, full and affectionate relationship between each parent and the children. z. Each parent shall have full access to the children's medical and school records and shall be given copies of all report cards by the parent receiving these promptly after these are received by either parent from the child or the school. The parties shall consult with one another with regard to all medical and educational matters which would have been decided jointly by the parties had they remained together as husband and wife. aa. Each parent shall be timely advised by the other parent of all school conferences, recreational happenings and opportunities that could be shared with mutual pleasure and benefit N 0 the opportunities to so share at appropriate times and places shall°'. be permitted, not limited to weekends, but arranged with due regard for the educational commitments of the children, business and ace personal commitments of the parents, any relevant health or social 0 factors and home arrangements of the residential parent. no Guidelines. Both parents are hereby 4. G`.ared Parent; ordered to recognize that high levels of conflict between them as parents could impair the adjustment and functioning of their children. Both parents must follow the following parenting 9 • guidelines: OR: 2041 PG: 1905 bb. Each parent shall recognize the child as a total and separate entity from themselves, shall encourage the child's autonomy and will separate the child's needs from the parent's needs. cc. Each parent shall respect the rights of the child set forth above. dd. Each parent shall become knowledgeable about the general developmental needs and characteristics of children at different stages of development. ea. Each parent shall be adaptable and flexible in responding to the needs of the children and their behavior. ff. Each parent shall provide the children with an environment in which the children are free to continue to love the other parent and spend time with the absent parent. gg. Each parent shall encourage the children to have good feelings about the other parent and the other parent's extended family. hh. Each parent shall encourage the children to remember the other parent on special occasions, allowing the children to telephone on a reasonable basis, the time and length of the phone calls to be reasonable under the circumstances. ii. Each parent shall communicate with the other parent openly, honestly, and regularly with clarity and respectfulness to avoid misunderstandings. jj. Both parents shall plan all visitation arrangements and 10 • 0 exchanges together and not through the child. The child has no responsibility to arrange and coordinate visitation; this is the duty of the parents. kk. Each parent shall plan and consult with the other parent in advance to schedule or arrange time with the child. 11. Neither parent shall take sides or take issue with parenting decisions or actions made by the other parent in front of the child. The parents shall discuss their differences regarding parenting decisions out of the presence of the child. mm. Both parents shall present a united front in handling any problems with the child. nn. Each parent shall consistently enforce appropriate rules and standards for the child although those rules at each house need not be the same. oo. Each parent shall take a consistent and predictable role in the child's lives, using time with the child to strengthen their relationship with the child. N 0 pp. Each parent shall take a consistent and predictable role in the child's lives, using time with the child to strengthen their b G? relationship with the child. `a 0 qq. The spouse entitled to receive child support shall not cr restrict, hinder or deny visitation of the child with the paying spouse if the child support is in arrears or paid late. The court will deal with a nonpaying spouse. rr. Neither parent will, directly or indirectly, influence the child so as to negatively affect the loving relationship 11 between the child and the other parent. so. Neither parent shall ever "bad mouth" or otherwise speak negatively about the absent parent in front of the child, or otherwise assassinate the character of the absent parent. tt. Both parents will at all times prohibit and prevent other relatives, family members and friends from speaking negatively about the absent parent in from to the child, or uu. Parents who assassinate the character of the absent parent in front of the child, or allow others to do so, will be dealt with harshly by the court and, in general, violation of any of the foregoing provisions regarding shared parenting will be regarded by the court as conduct that is contemptuous of the court's authority and will be dealt with accordingly. 3. PRIKRRY RESIDENTIAL PARENT: The Wife shall be the primary i residential parent of the minor children of the parties. 4. FREQUENT AND CONTINUING CONTACT TO FATHER: It is in the best interest of PATRICK HOUSTON and ALDONIA HOUSTON that ALBERT o HOUSTON$ SR. have frequent and continuing contact with them, ;r including three (3) weekends per month beginning on Friday evening and continuing through Sunday evening. Further, he shall have frequent and continuing contact including one-half (1/2) of the 0 Christmas school vacation, one-half (1/2) of the Easter school vacation, one (1) month during the summer school vacation, and alternate visitation on Labor Day, Memorial Day, Fourth of July, Thanksgiving and other school holidays, including Teacher Duty Days. 12 • 5. REAL PROPERTY: The Court finds that the parties own real estate in Collier County and Charlotte County, Florida. The Wife shall have full, right, title and interest to the following -described property: Lots 3 and 4, PINE GROVE, as recorded in O.R. Book 1073, Page 364, of the Public Records of Collier County, Florida. Section 4 47 29, Collier County, Florida. Beginning at the SE corner of SW 1/4 of SE1/48/8 of SE 1/4, run N along E boundary 1301: W 300 to POB; W 1351; N 010 W 201.301, E 60', S 010 E 181.301, N 880 E 751, SO1° E 20' to the POB. Section 4 47 29, Collier County, Florida. Unrecorded Lot 120 described as: N50" of E 105, of SE 1/4 of SW 1/4 of SE 1/4 of SE 1/4, less 301. Section 4 47 29, Collier County, Florida. Unrecorded Lot 13, described as: S 50' of E 105' of N 100, of SE 1/4 of SW 1/4 of SE 1/4 of SE 1/4, less 301. Section 4 47 29, Collier County, Florida. Unrecorded Lot 14, described as: S 50, of E 105, oOE /ss SW 1/4 of SW 1/4 ofSE1/4 of SE 1/4 le 30, Section 4 47 29, Collier County, Florida. N 51.30' of E 137, of W 1671 of 1/481.301 of SE 1/4 of SW 1/4 of SE 1/ Section 4 47 29, Collier County, Florida. N , of E 1371 of of SE SE1/4 of SE 1/4,40 O.R. Book 6714 of SW 1/4 of Section 4 47 29, Collier County, Florida. Beginning at SE corner of SW 1/4 of SES1/84800f SE 1/40 run N along E boundary 1501, 301 to POB, W 751 N 31.3' E 75f S 31.3, to POB. The Wife shall be financially responsible for the mortgage payments, taxes, insurance and maintenance expenses for said 13 property and agrees to indemnify and protect the Husband and hold his harmless for these obligations. In consideration of the Wife assuming all of the outstanding obligations of the property, the Husband shall assign or transfer by way of necessary documents his interest in this property to the Wife within ten (10) days of the signing of this Final Judgment of Dissolution of Marriage. If the Husband fails to sign the necessary documents within the ten-day period, this Final Judgment shall act as a conveyance of the property. The Husband shall have full right, title and interest to the following -described property: Lot 5, PINE GROVE, as recorded in O.R. Book 836, Page 458, of the Public Records of Collier County, Florida. Lot 6, PINE GROVE, as recorded in O.R. Book 1096, Page 1171, of the Public Records of Collier County, Florida. Block 9, CARSONS ADDITION,Lots 8 and 9, O.R. Book 671, Page 383, of the Public Records of Collier County, Florida Block 9, CARSONS ADDITION, Lot 6, O.R. Book 1477, Page 855, of the Public Records of Collier County, Florida. Lot 25, TRABUES ADDITION, Punta Gorda, O.R. Book 598, Page 1472, of the Public Records of Charlotte County, Florida. Lots 29 and 30, TRABUES ADDITION, Punta Gorda, O.R. Book 363, Page 992, and O.R. Book 411, Page 850, Public Records of Charlotte County, Florida. The Husband shall be financially responsible for the mortgage payments, taxes, insurance and maintenance expenses for said property and agrees to indemnify and protect the Wife and hold her harmless for these obligations. In consideration of the Husband assuming all of the outstanding obligations relative to the 14 N N 0 as 0 0 • property, the Wife shall assign or transfer by way of necessary documents her interest in this property to the Husband within ten (10) days of the signing of this Final Judgment of Dissolution of Marriage. If the Wife fails to sign the necessary documents within the ten-day period, this Final Judgment shall act as a conveyance of the property. 6. SUPPORT OF TUB CHILDREN: The Court finds that both parties have an ability to provide child support and maintenance for their minor children, PATRICK HOUSTON, born January 17, 1979, and ALDONIA K. HOUSTON, born January 12, 1981. In accordance with the Child Support Guidelines, the Husband shall pay to the Wife as and for child support the sum of $l,000.00 per month or $232.56 per week, which shall first be due on the Friday following the entry of this Final Judgment of Dissolution of Marriage. Thereafter, the child support payments shall be due on Friday of each week. The above support payments shall be made through the Collier County Clerk of Court, Support Department, 3301 E. Tamiami Trial, Naples, FL 33962, and shall include the service charge or such other fee as imposed by the Clerk according to law. All such payments shall, where by mail, be made by cashier's check, personal check or money order with the case number and a notation "child support" made on the cashier's check, personal check or money order. The support rights of the children shall terminate and the obligation of the Husband to pay support shall cease upon: A. The death of the child, 15 N O woo b Ca a.ar 0 B. The child reaches 18 years of age. If a child is still in school when he attains his 18th birthday, support shall continue until graduation from high school, C. The valid marriage of the child, D. The lawful entry of the child in military service. E. Said child support shall continue even though the parties' minor children are not in the physical custody of the Wife for brief periods of time due to education or vacation. 7. DIVIBION OF PERSONAL PROPERTY. The Court finds that it would be fair and equitable to award the Wife the following: a. 1983 Truck b. Sewing Machine C. Typewriter d. Piano e. Grandfather Clock CO f. Tools in one Toolhouse ?d g. 1990 LTD automobile oar h. Lawnmower chosen by the Husband PIv J. School pension J. Any other personal property currently in her possession. The Court finds that it would be fair and equitable to award the Husband the following: a. 1991 Truck b. 1993 LTD automobile c. Remaining Tools d. Remaining Lawnmowers including Riding Lawnmower 16 e. Any other personal property currently in his possession. g. TRIAL OF THE CASE. The Court finds that ALBERT HOUSTON, SR. and EMMA HOUSTON are intelligent, actively participating in the trial of this case, have been represented at all stages of this action by competent counsel. 9. XIDICAL INSURANCE FOR CHILDREN: The Court finds that the Wife, E KA HOUSTON, shall maintain her medical and hospitalization insurance for the benefit of the minor children. The parties shall be equally responsible for the deductible and any uncovered medical expenses for the benefit of the minor children, including but not limited to, hospitalization, out -patient services, prescriptions, optometric expenses, counseling, dental and orthodontic services. 10. pERKANENT PERIODIC ALIKONY: Based upon the equitable distribution and debts to the Husband, the Court finds that the Wife's request for permanent periodic alimony is denied. 11. RETR071CTIVE TEKpORARY ALIKONY: Based upon the evidence and testimony at trial, the wife's request for retroactive 0 ~ temporary Y is denied. alimony 12. CREDIT FOR DEFENDING LITIGATION: Based on the evidence presented at trial, the Court denies the Husband's request for a �+ credit for defending the outstanding litigation is denied as the N Wife will have her own expenses for that litigation. 13. ATTORNEY'S FEES: This Court specifically reserves jurisdiction on the issue of attorney's fees and court costs. The parties are ordered to attempt to resolve this issue but, if they are unable to resolve same, the Court will entertain a hearing on 17 0 the issue of attorneys fees and costs. 14. RESERVATION Or JURISDICTION: This Court specifically reserves jurisdiction of this matter to enter such further orders as may be necessary for the enforcement of this decree. Further, both parties are ordered to take such reasonable and necessary action and to conduct themselves in manner conducive to carrying out the intent and purpose of this Judgment. DOME AND ORDERED in Chambers at Naples, Collier County, Florida, this _a day of , 1995. Jay h���aan Cir it; badge Pursuant to Rule 1.080, service of the foregoing has been made this 7* day of 71'Ifi1ek , 1995, upon: Howard Atkin, Esquire P.O. Box 2856 Ft. Myers, FL 33902 Dewey Mockler, Esquire P.O. Box 749 Ft. Myers, FL 33A902 t v'k By: I. ( udicial Assistant) 18 as w OR: 2041 PG: 1914 FC1053 OCE243 IDC1696020800231000000000001[H0U5TUN, JEANNE A 3 S NAME-1 (OR) STRAP (OR) STREET FOLIO ID .. LEGAL-1 .OR. NAME-1 ......... C 3CHOUSTON ET UX, RALPH F 3C398968800073CGOLDEN GATE EST UNIT 64 W UNIT 1 LOT 32 OR 3 3 C 3CHOUSTON TR, MARY LOUISE 3EI91350006493ESEAGATE 3C801258800083C4 47 29 BEG AT SE COR OF 3 C C 3CHOUSTON, 3CHOUSTON, ALBERT ALBERT 3C001260001043C4 47 29 BEG AT SE CHR OF SW1/3 C 3CHOUSTON, ALBERT 3C001269600083C4 47 29 N 5OFT OF E 137FT OF 6 3 3 r 3CHOUSfON, ALBERT 3C256311208043CCARSONS ADD BLK 9 LOTS IEHOUSTON, ALBERT 3EB56312000053CCARSONS ADD BLK 9 LOTS 8 + 9 3 . 3CHOUST6N, ALBERT 3C669302000083CPINE GROVE LOT 6 OR 1096 PG 29 UNREC'D LOT 14 DESC 3 A3 C 3CHOUSTON, ALBERT-8 EMMA 3CO01259608093C4 47 3CO01261600023C4 47 29 UNREC'D LOT 13 DESC A3 C C 3CHOUSTON, 3CHOUSTON, ALBERT-b EMMA ALBERT-& EMMA 3CO01268800073C4 47 29 N 51.30FT OF E 137FT 3 A3 C 3CHOUSLNv..(4LBERT:B EMMA 31001275634843C4 47 29 UNREC'D LOT 12 DESC 3 + 4 OR 19733 C U8 3CHOTON, ALBERT=8 EM14A 3C669301200073CPINE GROVE LOTS 3C085937200043C21 50 33 N1/2 OF NWi/4 OF 3 C 3CHOUSTON, 3CHOUSTON, CAROL ANN DERRICK LEON 3C740304000043CS IMMOKALEE HGTS BLK 1 LOT 123 3 C C 3CHOUSTON, DIXIE DELORES 3C405779200003CGOLDEN GATE EST UNIT 75 W 5 OR 836 PO 3 C 3CHOUSTON, EMMA % 3C669301600093CPINE GROVE LOT 3C789215337093CROCKY PINES ESTATES UNIT 2 3 C C 3CHOUSTON, 3CHOUSTON, HELENA JAMES W=b PATRICIA M3C010734000053C2 52 29 E1/2 OF SEi/4 OF SECT PORT ROYALS 3 C 3CHOUSTON9 JEANNE A 3C169662080823CFT CHARLES DR LINE. = MARKS WANTED FOLIO COL S. RES476 USE TOP LINE AS NORMAL REQUEST Novermber 28, 1994 I HEREBY CERTIFY, that the above represents the portion of the Collier+Coimty Index of property owners indicating properties in the name of Albert b Ema ►vuston. A printout of each property is attached. Abe Skinner, C A ! Collier County Property Appraiser � l�rLA1NTIR�'S , .;.a7i:Q;,..1:a:N• , ...�,... ,.,. .. ... •;r.4j+ai4yt""I y,;.:;,fP +'.. OR: 2041 PG: 1920 'CCO53 OCC243 IDC001258800083180000000000JE 3 'OLIO C901258800083 OWNER>CHOUSTON, ALBER.T 3 (TRAP C 472904 086. 0062E043C411 . 3RD ST 3 )0 C 1143 ITM C153 C 3 TAX ROLL FORMAT 'ALE DATE C 43 CO8893 C 3 +► +► • AMT C 50003 C 3 ACRES C .283 CIMMOKALEE FL 3C339343100003 AREA 113 TRS-)C473C293CO43 1993-VALUE CERT-94-VAL .EGAL-1 C4 47 29 BEG AT SE CDR OF 3 C 023 LND $C 39253 C 39253 -2 CSW1/4 OF SE1/4 OF SE1/4 RUN N 3 USE -CD IMP =C 184083 C 180253 -3 CALO E $DRY 130FTIS 88DEG W 3 TOT $C 223253 C 219563 -4 C30FT TO POB, W 135 FT; N 81DEG3 TAXABLE fC 223253 C 219503 MSTD-X $ C 03 MILL -CODE 0%-X ♦ C 03 C 53 CNTY $C 89.233 MSTU $C 41.963 IV-X $ C 03 S-SL $C 130.933 WMB $C 9.243 ET-X ♦ C 03 MILL -RATE S-LB $C 51.683 ISD $1 43.813 ILD-X $ C 03 *C16.37363 CITY $C .093 VADP $C 1.633 ID-X $ C 03 -1994- AO-X $ C 03 *APPROXIMATE --> 1994 TAXES <-- TOTAL fC 359.403 WH-X $ C 03 LOCATION CIM 3RD ST S 4113 RES477 COUNTY EXHIBIT A rIN, TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. Glen and Sharon Van Slyke CEB No. 2007-119 DEPT No. 2006080132 ITEM PAGE(S) Notice of Hearing 1 � Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4-10 Deed 11 Table of Contents CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, VS. GLEN AND SHARON VAN SLYKE, Respondent Case: CEB 2007-119 Dept. Case No. 2006080132 NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: January 24, 2008 TIME: 9:00 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: 6067 Whitaker Road SERVED: Glen and Sharon Van Slyke, Respondent Inv. Susan O'Farrell, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE -HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:OOAM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner CEB CASE NO.2007-119 VS. DEPT CASE NO. 2006080132 Glen and Sharon Van Slyke STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s) 04-41 as amended, Collier County Land Development Code: Sections 1.04.01 (A) Rules of Construction, Applicability and 2.02.03 Prohibited Uses and Violation of Ordinance 05-44 Control of Litter, Weeds, and Exotics Sections 5-7 2. Description of Violation: Observed accumulation of vegetative litter on property, outdoor storage of commercial, private, and recreational vehicles on the property, 3. Location/address where violation exists: 6067 Whitaker Road. Naples, Florida 4. Name and address of owner/person in charge of violation location: Greg and Sharon Van Slyke 6046 Hollow Drive Naples, Florida 34112 n 5. Date violation first observed: 7-26-2006 6. Date owner/person in charge given Notice of Violation: 9-8-2006 7. Date on/by which violation to be corrected: 10-11-2006 8. Date of re -inspection: 7-30-2007 9. Results of Re -inspection: Violation Remains Based upon the foregoing, .the undersigned code enforcement official hereby certifies that the above -described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 30th day of July, 2007 Susan O'Farrell Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before this 12'b day of October, 2007 by Susan O'Farrell (Signature of NotaryPublic) (Print/Type/Stamp Commissioned Personally known or produced identification Type of identification produced REV 3-3-05 Name of Notary Public) Indira Rajah $°=Ccmmission#DD273349 txpirees: Dee 07, 2007 '9TP OF F�OQ� Bonded Thru "` Atlantic Bonding Co., Ine. COLLIER COUNTY, FLORIDA 35 NOTICE OF ORDINANCE VIOLATION AND ORDER TO CORRECT (� _`/1 Yreg and Sharon Van Slyke 6046 Hollow Drive Naples, Florida 34112 LOCATION OF VIOLATION (LEGAL AND ADDRESS) Within Collier County Zoning District: Sec 16 Twn 50 Rng 26 Subd BIk 050 Lot .000 Parcel Of Collier County Record Property ID: 00420640008 PUD Tract Unit SDP OR 1589 Page 2247 :OR Page AKA (Address) 6067 Whitaker Rd. Naples Florida NOTICE Pursuant to Collier County Code Enforcement Board (CEB) Ordinance No. 05-55 and 97-35, as amended, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above - described location. Ord No. 04-41 as amended Section 1.04.01(A) ,—Ord No. 05-44 Section 5-7 )rd No. 04-41 as amended Section 2.02.03 PUD #s: Regulations: Sections: Dated: DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Observed accumulation of vegetative litter on property, vegetation removal from property without approved Collier County permits, outdoor storage of commercial, private, and recreational vehicles on the property, and a non -permitted structure on the property. These are all violations of the Collier County Land Development Code. INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT INVESTIGATOR Susan O'Farrell 2800 No. Horseshoe Dr. Naples, FL 34104 (239) 403-2488 Fax (239)403-2343 Investigator signature �---,1 VIOLATION STATUS: ®initial DRecurring []Repeat ORDER TO CORRECT VIOLATIONS) : You are directed by this Notice to take the following corrective action(s) • Cease and Desist all non -approved and non - permitted use on unimproved agricultural land known as 6067 Whitaker Rd. Naples, Florida to include outdoor storage of commercial, private, and recreational vehicles. • Apply for and obtain all necessary after the fact permits for buildings, land use, and vegetation removal. • hire an Environmental Consultant to complete and submit, within 30 days, a mitigation plan according to Section 10.02.06(E)(3) of Ordinance 04-41 as amended to restore native groundcover and mid - story vegetation to the affected property. Installation of plant material must begin within 15 days of mitigation plan approval. • Remove all litter on property as defined by Collier County Ordinance 99-51 ON OR BEFORE: October 11, 2006 PENALTIES MAY BE IMPOSED: Failure to correct the violations on or before the date specked above will result in, (1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500.00 and costs of prosecution. OR (2) Code Enforcement Board review that may result in fines up to $1000.00 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: Personal Service ❑Certified 11 ❑Posting of Properl G 1 94 aclmowled G� HEREZY g that I have received, read, understand this notice o vio 4. Signature an Title of Recipient Print Dated this day of S;�� 2006 Reference case number: ;76 L b �Q ) 32-- __ n,;o;l to File C onv to Respondent C om for Cite Poctino C'nnv fnr Official Pnctinw Rev R/0, COLLIER COUNTY LAND DEVELOPMENT CODE 1.03.02 C. The word "shall" is always mandatory and not discretionary; the word "may' is permissive. D. Words importing the masculine gender shall be construed to include the feminine and neuter. E. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning. F. A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing. The use of the plural number shall be deemed to include any single person or thing. G. Words used in the past or present tense include the future as well as the past or present. H. Unless the context clearly indicates to the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by a conjunction "and," "or," 'either... or," the conjunction shall be interpreted as follows: 1. "And" indicates that all the connected terms, conditions, provisions or events shall apply. 2. "Or" indicates that the connected items, conditions, provisions or events may apply singularly and in any combination. 3. "Either ... or indicates that the connected items, conditions, provisions or events shall apply singularly, but not in combination. 1.03.03 Determination of Time A. The time within which an act is to be done shall be computed by excluding the first and including the last day; If the last day is a Saturday, Sunday or legal holiday, that day shall be excluded. B. The word "day" shall mean a calendar day. C. The word month shall mean thirty (30) calendar days, unless a calendar month is indicated. D. The word "week" shall be construed to mean seven (7) calendar days. E. The word "year" shall mean 365 calendar days, unless a fiscal year is indicated, or unless a calendar year is indicated. 1.03.04 Delegation of Authority The authority and responsibility for implementation of the provisions of this LDC are assigned to the County Manager or designee. Responsibility for individual provisions, regulations, or sections of the LDC may be designated, delegated, and assigned to other named individuals on an annual basis by the County Manager. ��14'��3Q PP�48 L!z The provisions of this LDC shall apply to all land, property and development in the total .. unincorporated area of Coiner County except as expressly and specifically provided otherwise in this � LDC. No development shall be undertaken without prior authorization pursuant to this LDC. LDC1:4 GENERAL PROVISIONS 1.04 04 ateck B. The regulations established in this LDC and within each zoning district shall be minimum or maximum limitations, as the case may be, and shall apply uniformly to each class or kind of structure, use, land or water, except where speck provision is made in this LDC. C. This LDC shall apply to all division of land and all subdivisions in the total unincorporated area of Collier County, except to the extent as expressly provided herein. It shall be unlawful for any person to create a subdivision of, or to subdivide, or to otherwise divide, any land in the total unincorporated area of Collier County, except in strict conformance with the provisions of this LDC and any applicable provisions of the Collier County Growth Management Plan (GMP). 1.04.02 Applicability to Previously Established Time Limits A. Any time limits on any development orders approved prior to the adoption of this LDC shall continue to run and shall not be enlarged, expanded or stayed by the adoption of this LDC. B. This subsection shall not apply to final subdivision plats approved prior to February 17, 1976. C. Any time limits on any nonconforming signs shall continue to run and shall not be enlarged, _ expanded or stayed by the adoption of this LDC. 1.04.03 Exceptions A. Previously issued building permits. The provisions of this LDC and any amendments hereto shall not affect the validity of any lawfully issued and effective building permit issued prior to the effective date of this LDC if: 1. The development activity authorized by the permit has commenced prior to the effective date of this LDC or any amendment hereto, or will commence after the effective date of this LDC but prior to the permits expiration or termination; and 2. The development activity continues without interruption in good faith until development is complete. If the building permit expires, any further development shall be in conformance with the requirements of this LDC or any amendment hereto. B. Certain previously approved development orders. The provisions of this LDC shall not affect the types, densities and intensities of land uses or the yard or landscape buffer width requirements of any (1) final subdivision plat and final improvement plan, (2) final site development plan, or (3) phased site development plan that has been approved for at least one final site development plan, provided each such development order was lawfully issued prior to the effective date of this LDC and remains effective according to the time limits and provisions established by this LDC. 1.04.04 Reduction of Required Site Design Requirements n A. No part of a required yard, required open space, required off-street parking space, or required off-street loading space, provided in connection with one building, structure, or use shall e included as meeting the requirements for any other, structure, or use, except where specific provision is made in this LDC. LDC1:5 COLLIER COUNTY LAND DEVELOPMENT CODE 2.02.02 D. Where the phrases "industrial districts," "zoned industrially," "industrially zoned," "industrial zoning," or phraseology of similar intent, are used in this LDC, the phrases shall be construed to include: I and industrial components in PUDs. 2.02.03 Prohibited Uses Any use or structure not specifically identified in a zoning district as a permitted use, conditional use, or accessory use shall be prohibited in such zoning district. 2.02.04 Continuation of Provisional Uses Any provisional use, including all stipulations and requirements thereto, approved by the BCC prior to the effective date of this LDC and valid and effective immediately prior to the effective date of this LDC shall be treated under this LDC as follows: A. if such provisional use is provided for as a conditional use in the zoning district in which it is located under this LDC, then it shall be permitted as a conditional use under this LDC. B. If such provisional use is not provided for as a conditional use or permitted use in the zoning district in which it is located under this LDC, then it shall be a legal nonconforming use under this LDC. 2.03.00 ZONING DISTRICTS In order to carry out and implement the Collier County GMP and the purposes of this LDC, the following zoning districts, district purposes, and applicable symbols are hereby established: 2.03.01 Residential Zoning Districts A. Rural Agricultural District "A". The purpose and intent of the rural agricultural district "A" is to provide lands for agricultural, pastoral, and rural land uses by accommodating traditional agricultural, agricultural related activities and facilities, support facilities, related to agricultural needs, and conservation uses. Uses that are generally considered compatible to agricultural uses that would not endanger or damage the agricultural, environmental, potable water, or wildlife resources of the County are permissible as conditional uses in the A district. The A district corresponds to and implements the a land use designation on the future land use map of the Collier County GMP, and in some instances, may occur in the designated urban area. The maximum density permissible in the rural agricultural district within the urban mixed use district shall be guided, in part, by the density rating system contained in the future land use element of the GMP. The maximum density permissible or permitted in the A district shall not exceed the density permissible under the density rating system. The maximum density permissible in the A district within the agricultural/rural district of the future land use element of the Collier County GMP shall be consistent with and not exceed the density permissible or permitted under the agricultural/rural district of the future land use element. B. Estate District "E". The purpose and intent of the estates district "E" is to provide lands for low density residential development in a semi -rural to rural environment, with limited agricultural activities. In addition to low density residential development with limited agricultural activities, the E district is also designed to accommodate as conditional uses, development that provides services for and is compatible with the low density residential, semi -rural, and rural character of the E district. The E district corresponds to and implements the estate land use designation on the future land use map of the Collier County GMP, although, in limited instances, it may occur outside of the estates land use LDC2:10 > ���i4e cc & 4 n C Ittad u4 N y1�5 pe I ed a7vi @i#3i. , Otm a V .. ez g to 5 T coW o I SOS Cr LL m $C�tf @ pjA Ite se6 LL SIC Code ;V > a cc ca V ' E E tl E tL E ll F Q 2 � i4 c O 1 m z m ndti .s@;T a a ` m oo m is m w at E O m Ta i YM11�{"i 1 `t uJ w c _ c a c a _ c v c a T aY rn ._ m v U E 1 E O Ha ayi ® _� o R o♦ a n, ..,a ` � ' ` •I tC S .t C7 a:Lu W �aT 4. Imp ai x Non -Depository Credit Insti- 6141-6163 P P tutions Non -Depository Credit Insti- 6111-6163 tutions Non -Depository Institutions 6011--6163 Non -Depository Institutions 6011, 6019, 6081,6082 Non -Depository Institutions 6021-6062, 6091, 6099, 6111-6163 Nursing Homes 8051, 8052, P P 8249 Office Machine Repair Ser- 7629-7631 P vice Oil & Gas Exploration P7 Open Space Outdoor Storage Yard Paint, Glass, Wallpaper 5231 P Stores Paper and Allied Products 2621-2679 Park Model Travel Trailers P Park Service Facilities Parking Facilities Parking Services Parks, Public or Private Parochial Schools - Public 8211 or Private Party Fishing Boats Rental 7999 Personal Services 7291 P Personal Services 7212-7215, 7221-7251, 7291 Personal Services 7212, 7215, P 7221-7251 Personal Services 7212, 7291 Personal Services 7211, 7212, 7215, 7216, 7291,72998 Personal Services 7215, 7217, 7219, 7261, 7291-7299 Personal Services 7211-7219 AA K,V* NO.200S-44 _�ORDINANCE AN ORDINANCE WHICH REGULATES AND CONTROLS THE N L p DER, WEEDS, AND EXOTICS WITHIN UNINCORPORATED AREA OF COLLIER COUNTY, �v '�• PROVIDING PURPOSE AND INTENT; TITLE; ITY: DEFINITIONS; DECLARATION OF LITTER ��' APPLICABU TO BE A PUBLIC NUISANCE AND TO BE UNLAWFUL; THE UNAUTHORIZED ACCUMULATION OF - PROHIBITING LITTER; DECLARING DUMPING OR DEPOSITING OF PROPERTY AS PROHIBITED; REGULATT 40 ABANDONED OF LITTER (AND CHANGES RELATED 10. , THE STORAGE CONSTRUCTION SITE CONTAINMENT OF LIITER'l; .• i REGULATING WASTE MATERIALS MANAGEMENT (APftIr. . PIT AREAS TO CONFORM TO Dtk: - .� CONTAINMENT STANDARDS); DECLARING WEEDS AND EXOTICS TO BE-,A�, PUBLIC NUISANCE (AND REGULATING THE CONTROL O£= • � WEEDS AND EXOTICS); PROVIDING FOR EXEMPTION41c', ABATEMENT OF NUISANCES FOR (ZIP ANI91-:' PROVIDING OF VIOLATION FOR THE ABATEMENT OF THl3-' -1 NOTICE PUBLIC NUISANCE; PROVIDING FOR ASSESSMENT FOR THE ABATEMENT OF NUISANCES; PROVIDING FOR RIGHT TO HEARING ON THE DECLARATION AND ASSESSMENT OF A PUBLIC NUISANCE; PROVIDING FOR ENFORCEMENT PROCEDURES; PROVIDING FOR IMMEDIATE CORRECTIVE ACTION; PROVIDING FOR PROCEDURES FOR AND EFFECT OF MAILED NOTICES; PROVIDING FOR A MANDATORY LOT MOWING PROGRAM; PROVIDING FOR PENALTIES: PROVIDING FOR REPEAL OF ORDINANCE NUMBERS 99-51, 2000-51, AND 2001-21; PROVIDING FOR CONFLICT AND SEVERABULM; PROVIDING FOR INCLUSION IN ARTICLE VI, SECTION 54, THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to provide for the health, welfare and safety of existing and future residents of the County by enacting and enforcement zoning regulations necessary for the protection of the public; and WHEREAS, the Board of County Commissioners has determined that land which is allowed to become overgrown with weeds, grass, exotics or similar growth on land on which abandoned properties or trash is allowed to accumulate is detrimental to the health, safety and welfare of the citizens of Collier County as harborage for vermin4 rodents and other disease vectors; and WHEREAS, the Board of County Commissioners has determined that unimproved property, which is in close proximity to urban areas, is distinguishable from improved property, because it generally lacks management of vegetative growth; and WHEREAS, the Board of County Commissioners has determined that certain exotic species, both fauna and flora, grow rapidly and uncontrollably and may drastically change the ecological character of the unimproved property, which is in close proximity to urban areas, if unsupervised or unmanaged; and WHEREAS, Board of County Commissioners has determined that an annual public notice will enhance public awareness of the requirements imposed by these regulations, and a mandatory County lot mowing procedure for repeat violations be established that will include a retainer account to ensure payment of contracted services and lessen the burden of the County taxpayers; and. WHEREAS, the Board of County Commissioners has determined that pursuant to existing case law, easements, alleys, canals and rights -of -way dedicated to the County on plats create easement interests in favor of the County, unless the plat expressly states another interest is conveyed; and Page 1 of 16 I 11. RECORDED SUBDIVISION — Land subdivided into three (3) or more lots, parcels, sites, units, or any other division of land for which a plat has been filed with Clerk of Courts of Collier �1 County. 12. RECEPTACLE — A container made of material that will protect the property and environment from leakage, spillage and overflow of any type of litter, waste, or debris. A dumpster enclosure is not a receptacle. 13. STORAGE OF LITTER — the interim containment of Litter in a manner approved by the Board of County Commissioners, after generation of such Litter and prior to proper and final disposal. 14. UNAUTHORIZED ACCUMULATION OF LITTER — the accumulation of Litter in or upon any public or private property or body of water, which is not contained within proper containers or receptacle provided for control of Litter, or is not otherwise permitted or authorized, by any other Collier County Ordinance. This term shaU not include building materials used in construction or repair of a building or structure which materials are properly stored at the site of such activity, so long as: a. the subject building is being constructed, remodeled, repaired, or demolished under the authority of an active, valid Collier County building permit and for which the materials are to be used; and b. the building materials are secured during construction, remodel, repair, or building demolition, to prevent the material from falling out, spilling, blowing out by wind action, or coming out by other accidental means so that it trespasses on adjacent properties, or creates a negative visual impact to surrounding properties. Unauthorized accumulation of Litter shall also include, but not be limited to, the accumulation or storage of Litter or containerized Litter or Abandoned Property adjacent to public right-of-way if such materials are placed upon a right-of-way earlier than six (6) p.m. of the night prior to the regularly scheduled pickup for that location by the County solid waste collection contractor, or allowing said accumulation, or container to remain adjacent to the public right-of-way after six (6) p.m. of the day of the scheduled pickup. 15. UNLAWFUL ACCUMULATION OF WEEDS, GRASS OR SIMILAR NON- PROTEC7TiD OVERGROWTH — any accumulation of weeds, grass or similar non -protected overgrowth if any part of such accumulation is in excess of eighteen (18) inches in height and located on a Mowable Lot, in any Recorded or Unrecorded subdivision of Collier County. 16. UNRECORDED SUBDIVISION— any land which for the purpose of We or transfer has been subdivided for the purpose of sale or transfer, prior to the enactment of Ordinance 76-6, as amended, or any other division of land for which a plat has not been filed with the Clerk of Courts of Collier County. 17. WRITTEN CORRECTIVE NOTICE— a written statement issued to the violator or his/her agent identifying and which states the violation, date of the violation, location of the violation, the corrective measures required to be taken, and the date by which the corrective measures are to be completed. SECTION FIVE- Litter Declared to be A Public Nuisance The Unauthorized Accumulation of Litter or improper Storage of Litter or improper dumping of Abandoned Property or Litter as described in Sections Six, Seven, Eight, Nine, or Ten, in or upon public or private property, is hereby declared to be a public nuisance. SECTION SIX: Unlawful to Litter It shall be unlawful for any person to throw, discard, place, drop, or deposit Litter in any manner or amount in or upon any public property, private property, highway, street, right-of-way or body of water within the unincorporated areas of Collier County, Florida, except in such areas and Enclosed Containers Page 4 of 16 specifically provided and appropriately designated for the disposal of Litter. In any case where Litter is ejected or discarded from a motor vehicle, except at approved and permitted disposal sites, the operator of the motor vehicle shall be deemed in violation of this Ordinance. SECTION SEVEN: Unauthorized Accumulation of Litter Any Unauthorized Accumulation of Litter in or upon any property, vacant or improved, or on or upon any public street, alley or other public or private place is a violation of this Ordinance. Any property owner, tenant, occupant, agent, manager, or other person who owns, maintains, or controls private property, whether improved or unimproved, is hereby declared to be in violation of this Ordinance where any such Unauthorized Accumulation of Litter is maintained or is allowed to remain on such property. SECTION EIGHT: Dumping or Depositing of Abandoned Property Prohibited. It shall be unlawful for any person to engage in or permit the dumping, storing, placing, or depositing of Abandoned Property on any public or private real property, street, or highway. However, Abandoned Property kept in a completely enclosed building or a business enterprise, which is lawfully licensed and zoned for receipt and storage of Abandoned Property, shall be an exception to this provision. If Abandoned Property is kept or stored in connection with a lawfully licensed business enterprise, all Abandoned Property shall be screened so that it is not visible from any public right(s)-of--way or from any property used for residential purposes. It shall be unlawful to engage in or permit the dumping, storing, placing, or depositing of Abandoned Property in any residential area, unless such Abandoned Property is kept in a completely enclosed building. SECTION NINE: Storage of Litter 1. All commercial establishments shall store Litter in containers so as to eliminate wind - driven debris and Litter in or about their establishments. The number and size of containers necessary for each commercial establishment shall be that number required to maintain clean, neat, and sanitary premises. Spillage and overflow around containers regardless of whether located within an enclosure, will constitute an Unlawful Accumulation of Litter and must be immediately cleaned up as it occurs. 2. All loading and unloading zones at commercial establishments shall be provided with Litter receptacles by the owner of the business to store Litter. 3. Each person owning or operating any establishment open to the public shall provide receptacles adequate to contain Litter generated from such establishment. 4. Any and every person in possession, or in charge or in control of any place, public or private where Litter is accumulated or generated, at all times shall provide and maintain adequate and suitable receptacles and/or containers capable of holding such materials, until proper final disposal is accomplished. 5. All construction and demolition contractors, whether owners or agents, shall provide on - site receptacles for Litter sufficient to prevent wind -driven scattering of such materials if the materials are otherwise not properly disposed of on a daily basis. Receptacles placed or erected on construction sites are limited to the deposit of construction and demolition debris. Food, drink and food wrappers must be removed from the construction site daily. Spillage and overflow around containers or secured building material shall constitute an Unlawful Accumulation of Litter and shall be immediately cleaned up as it occurs. a. Should a violation of Paragraph 5 of this section occur, the construction/demolition contractor, whether owner or agent, will be required to secure a roll -off container with cover, for containment of Construction Debris on the site with collection scheduled necessary to prevent spillage and overflow around the containers. Page 5 of 16 /6 i w Z tz to uj r� .1 tu W f►srtttsrtrtbktlt � � f$Wbeft+.arlet wMeyt +M wN.aak ' s• ��� � Made 14 -ff"N .►a►• s.f toll 4 Z it E ai l a Z+iarr€ed L'alt. bxr€3eg €!� €ti.t�ret t. and . xitAETXKE. JTK.. ttatt6c�€ halt• hRm€rig if2 €set�re.st. Ten#rt fat Cotner.. ttefn.rtfter ftvlE&wf the.r,1er toil: U. T:,2iSbfKE, F3s. atiL bF{ERC�F 1. rA7tf£€. aFie6and ztia hire, uleutr twiellfnr 04b"t it: WO not I" tir€se. leaf 1es. Florida 33962 Aresv,rnitef f*W t4e V oosfMf t k-- ...r N.ea, #_ r+.w 'rt ' .wf 'Y!•,..IM' awinM of; A, ,. kin M...^....wN ...t & kwt t•,.i ,.y.++namwr, .nt .." .s .ntwav,� .nr 00 ..r•e«..e...t r.r...i ..r,e,m.m.i W�tH O(OtOr. T61 the f ynsnM+, ..r r►nd in rntrsiderriHne, .4 the fro" of f to.00 and uIhr* rofnow.- torasidreolimt. errript n•hrrrof is f,nrhr er#ne.rfe 1pe.t. "thr a.nnta frnrowina ttfla. nhewa to mists. n4evnrt tether" wnd r.Hrftr"S nntn the gennter. off tbor re,i,rirr WSJ sortie to col tier Catirety, l4noda. His The :forth 1/2 of the $test 1/2 of the SE 1/4 of the Ni 1/4 of the 'IV 1/4 of Section 16, Tounship 50 South,, Range 26 East, less the !forth 30 feet and the West 30 feet thereof, reserved for road right -of -tray. This is the North 1/2 of Tract 19, unrecorded plat. Ra_Cnived .._ _L_ �^ _ a^iary S,a•r.p Tar N��! _.F'c: s+,+'at Frcperty Tax COLLIER CO NTY G'LERK GF t; DURTS 3Y *THIS IS NOT HOMESTEAD PROPLRTY O GRANTORS. Together vul. aft dre to tpmts<� CC)� pparfereanres thereto belonging or in ony raise appertaining. i "ad /Haut and to At tB in fee sinepfB arBVar�. "ad the grantor here y c v sa� flint I e gepnfor is faorfufty seized of said fond in"lot simple; that the grarfor s ri t a fu u t f to elf and convey said larnd: that the grantor hereby JAY a.arrat s tf 1 le f s id to Sul on flt; same against file lawful claims of aU persons whomsoever: or , i all b(dnt , exrept tares acerutng subsequent to December 31. 1090. S CT TO: Taxes f the yeA ; 91 and subsequent years not yet due and payable. N ng and Use re o posed by governmental author- ity, and restrictions' asements commo ubdivision, provided however. that no one of them shtp vent the use a th roperty for the purpose of a residence, outstanding o a crest of record, if any. E CIS Iit 'VjhWS 10herP0, ilia said grantor has signed and sealed these presents the day and year first above written. Signed, and delivered in our presence: »..........» ..». ».._ .......»� P TNESS �2 s.trs snow roa •tcoaoen on STATE OF FLORIDA COUNTY OF COLLIER t ►iEREBY CERTIFY that an this day. before me, an officer duly authorized 9a the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared MICHAEL PILLINGER, a Married Man, having 1/2 interest, and GLEN D. VANSLYKE, JR., a Married Man, having 1/2 interest: as Tenants in Common, to me ktxtwa to be the pe n s described in and who eneeuted the tmeBams innnmtem and tney ackaawkilged before me that they aec.*I acar0'' execute.4,.dte•aamr. 01 ••N1Y. FLORA .:�YItNESS my hand and official seat in the County and �EEtc R Cu DES. CLERs '•'8tate last aforesaid this 29th day of IF:AC,C ,1� O. January A. D. 91. � tARY FUSUC. STATE OF noRIOL 3 ..» ».»._ »�.._..»....._..» VCommissionUMRMFU.1d.1993. = '!_ MY C MM$SION EXPIRES: aomeae- roraM Busuo um"RWn.rnes. 7i� dratntprrffrird ly: . EVERGREEN TITLE CORPORATION OF NAPLES q� f 5101 East Tamtami Trail, Suite f103 AddnsF• _ ..,,...• Naples, Florida 33962 t., � 1 till�'a ti. Code Enforcement Advisory Board: I will try and keep this brief, but when your business of 22 years is under attack, emotions tend to run high. We realize that you are an advisory board, and adhere to the letter of the law, and that the ultimate decision on our case will probably rest with the County Commission. We relocated to Naples in early 1980, and fished out of Kelly's. Glen purchased Naples Lawn Grooming in Nov. of 1985 from Richard and Karen Nanneman. We rented storage for our equipment at their residence (3651 Sunset) and composted and mulched bio mass on site. This was when S.O.P. was to use bagging mowers and remove grass clippings. Clippings make awesome black dirt. Purchased 6067 Whitaker in 1990. This is 2 parcels north of Nannemans. Property's interior was partially cleared when we purchased it, and was littered with old appliances and 2 junk autos. We planned on using the property to store our equipment, and had plans to start a small nursery. Nothing retail, and only to supply our own customers with plant material, much like the Nannemans had been doing. We contracted with Scott Selsor to erect a 22 by 28 storage shed with roughed in electrical, ( this was for an eventual irrigation system, and lighting, and security) a concrete parking apron, and lime rock drive with culvert. Until examining our permit documents on Dec. 14th, 2007, we honestly did not remember signing the affidavit about a small tree farm. Scott applied for, and was granted permit on same day. He brought the papers, we signed them. It was not explained to us that this would preclude us from storing our lawn equipment on this site. We would not have paid for electrical service if we did not intend on putting it in. I called FPL about hooking up power when the building was complete, I was told that they would need $2,500.00 to set pole. Figuring in the cost of the well, and the cost of plants to satisfy our ag exemption for 2 acres we could not afford the expense. The reason was that our partner in the property, Micheal Pillinger, wanted a buy out for personal reasons. See attached warranty deed. Our business grew and we are proud to say that 3 former employees worked toward acquiring part of our route, and that 2 are still very successful here in Collier County. The third is retired. Through the years we have been advised to get our ag exemption because of the property tax savings we would be entitled to. Since we write these off on our federal returns, we figured it was a wash, and concentrated on what we are good at. In 2001 we were contacted by code about boat storage, truck parking, illegal structure, and litter. I urged Cathy VanPouke to look into the fact that the building was permitted in 1990. When all was said and done Cathy wrote a citation for the litter only. Nothing about our occupational license was brought up at that time. John, from Yahl, had us scheduled, but was always wary in summer months about the weather. Once he got the tub grinder in, he was afraid we'd get a downpour and the road would flood and leave him no way back out. He got there, and all was fine, I thought. I noticed that Ms. O'Farrell mentioned a repeat violation, so I guess you never know. We thought that the grinding and composting of bio mass was okay. We had done it for 22 years. It was not until 2005 that the County stopped accepting yard waste in plastic bags. I have, over the years used some of the mulch and soil in our botanical garden in the rear of our home. When things went crazy with the real estate market, we had several people approach us about temporary storage on our property. Before that time, we had never "shared" with anyone this space, and wish now that we never did. Our little pocket of "Old Naples" is truly what it is all about. Driving through the neighborhood you see semis, trailers, boats, dump trucks, air boats, buggies, sheep, cows, goats, and friendly neighbors. We had no idea we were doing anything wrong, since everyone else was doing the same thing! ( We had stored our old boat on Whitaker property for I don't know how long, I really cannot remember.) We now have a really fancy flats skiff that is in our garage. We let these people park there, for nothing, until they could make other arrangements. (See attached documents) The only other recreational vehicle that has been on that property since early August of 2006 is our swamp buggy. We brought it in from camp on March 202007 and shipped it out to Iowa on April 3rd. The "unlicensed" trailer is mine, for my four wheeler. I did have a plate for it, but was out of town when it arrived. The four wheeler is also in Iowa, no place to ride them here. On July 25, 2006, I was contacted by Susan O'Farrell about the same issues we addressed with Cathy back in 2001. I was in the Cincinnati airport at the time, on my way to Adair, IA. I contacted Ms. O'Farrell on August 2nd , and tried to explain that we had been through this once before in 2001. I found her manner off putting, much like Stan C. from engineering. After a protracted battle with the county engineering department over the flooding of our yards in Quail Hollow caused by the Mandalay development, I was really not in the best frame of mind to deal with anything remotely associated with the C.D.S. I told her to send the violation in writing. We only service single family homes in Riviera/Lake Champagne, Countryside, and our little Quail Hollow neighborhood. This greatly lessens our boy's exposure to traffic mishaps. We travel a 10 mile radius on any given day. We have not saved money over the years by composting and mulching our bio mass, but in our 22 years in business we have never had a traffic citation or accident. After the latest "run in" with code, John didn't feel we had enough bio mass to justify bringing out the grinder, so we contracted with Bill Morse, to haul everything to Yahl. (See attached receipts) Going out to "the dump", with all the construction and traffic was not an attractive option. In November of this past year, an employee of the Naples Transfer Site on Enterprise told me about a rate reduction for landscape waste. We started using the site the next week. (See attached receipts) What would have been $88.00 on Nov. 20th was $17.92 on Nov. 27th We have not used our property for this purpose since. I have done nothing to change our address on our occupational license. It has been that way for 17 years. For the prior 5 years it was our home address, I believe, but I really don't remember. It is not a place of business. It is a staging area. Our employees arrive in one vehicle at 7 AM. We have 2 open trailers, which are kept in the barn, which they hook up to our 2 3500 GMC Trucks. Since all this began, way back in 2006, I have the boys park the trucks not on the concrete apron, which is why we had it put in, but out in the interior of property where they cannot be seen from road. They go to the job site(s) and return at 3 or 4 P.M. I make them put their personal vehicle in the barn during the day, or if we are not using trailers, out of sight of the road way. Attached is the picture of the one and only vehicle belonging to my boys. By County Code we are allowed to park these 2 1 ton vehicles in our driveway for all my neighbors to have to look at. Makes sense to me?! The boys blow down the mowers at the job site every afternoon, and all the non - vegetative litter is put into the back of my office (a Ford F 150) for disposal at home. We used to save bottles and cans for recycling at the barn, but I figured that wasn't allowed either, and it did get junky looking at times. Is your house always clean when unexpected "guests" drop by? All our mower maintenance is performed at Lawn Equipment Center downtown. As stated before, we like to spend our time doing what we do best, and we are not mechanics. We have applied for our ag exemption and purchased 200 Live Oaks. At least we will get a break on next years property taxes. They have steadily risen over the years, and with the 2005 boom went up over 50%. We were going to list the property with a realtor, but would like to wait for the economy to pick up. The fact that the Santa Barbara Extension will be close to our parcel will, we are hoping, make our little corner lot a good retirement investment. It is what we had planned. I just turned 50 this past year, I had hoped to run our service at least another 5 years, or more. I am still hoping to stay with that plan, but it is becoming more and more difficult to run a small service business in this community. r Economically, my customer base is feeling the affects of the ever rising cost of living in Naples. Most have been with us for over 15 years, some even longer, and we have been loathe to raise our fees, since they are faced with the same struggles we are. We certainly do not have the financial where with all to submit a site plan, erect an office, etc. I know by the letter of law all this is probably meaningless to you, but we have invested 22 years of our life, and in some small ways, been an asset to this community. All we are asking is that we be allowed to continue using our property for storage of our equipment as we have for the past seventeen years. I do not really see the harm in having our little barn, or our trucks stored on this parcel. Sharon and Glen (Doug) VanSlyke The following are copies of e-mails I sent, and of those I received over the course of this "investigation". I have also included personal notes I have made over time. They have been edited for the sake of brevity, since I covered most of the points in my "opening statement". There is also a copy of inner office e-mails I requested very early on. I received this at the end of my one and only visit to the code office to discuss this case. I did not read it in its entirety until my return home. This e-mail, and I circled the worst part, set the tone of this whole scenario that is being played out now. When I requested my entire case file from the records department on December 14tn, 2007 this communication was not included. I do not know if there is anything else that I did not receive. COLLIER COUNTY CODE ENFORCEMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION 2800 N. Horseshoe Dr. • Naples, Florida 34104 • 239-403-2440 • Fxx 239-403-2345 September 11, 2006 Gre dnd Sharon Van Slyke 46 Hollow Drive Naples, Florida 34112 Dear Mr. and Mrs. Van Slyke, While researching case number 2006080132 at 6067 Whitaker Road, Naples, Florida, the Zoning Department has raised some issues regarding your occupational license for Naples Lawn Groomers located at that address. Please contact Ross Gochenaur of the Zoning Department at 239-213-2911 as he will be able to explain to you what these issues are and what will be required in order to operate your business legally from that address. Cc:Ross Gochenaur 11cens c - re/SSVed Sincerely, Susan 'Farrell Environmental Investigator Collier County Code Enforcement ic" o n \J v ly 1 3 +h -2-00 7 d-1C) e p re hcCve A a I -A Ks / SS VeC1 74co r• / - y CT-4 /-s C.i e% bcov e� G d6t ass . Page 1 of 2 Sharon I. VanSlyke From: "arnold_m" <MichelleArnold@colliergov.net> To: "Sharon I. VanSlyke" <SVSNLG@comcast.net> Cc: "fiala_d" <DonnaFiala@colliergov.net>; "scribnerdavid" < DavidScribner@colliergov. net> Sent: Tuesday, September 19, 2006 1:20 PM Subject: RE: 6067 Whitaker/ Ref. # 2006080132 Ms. VanSlyke, I was contacted by Attorney John T. Cardillo to discuss your concerns and the handling of your case. I suggested that he advise you to contact Investigative Manager, David Scribner, who can meet with you to go over your case and provide you some guidance. By copying this email to David, I ask that he set up an appointment to meet with you about your case. Michelle Edwards Arnold Code Enforcement Director From: Sharon I. VanSlyke [mailto:SVSNLG@comcast.net] Sent: Tuesday, September 19, 2006 1:25 PM To: arnold m Cc: fiala d Subject: 6067 Whitaker/ Ref. # 2006080132 First, thank you for your prompt reply concerning Quail Hollow. Before Ms. O'Farrell brought the matter of Quail Hollow to my attention, she had contacted me about the above referenced property, which is why I asked another board member to meet with her about Association business. In the past 2 and 1/2 years, I have been in contact with a number of County employees from several different departments. With two exceptions, everyone has been very informative and professional in my dealings with them. I have found Ms. O'Farrell to be very abrupt and rude in her responses to my concerns. This is why I have requested a meeting with John Marsh, whom I believe is the temporary supervisor for the environmental department. I do not feel that enough research was done before issuing this citation. In April, May, and June of 2001 1 dealt with Cathy Van Pouke on these same issues, and the outcome was in our favor. May I also say that from the very first, Cathy was courteous, and very helpful in all of our conversations, and subsequent meetings. I have spent so much of my time and energy on first drainage issues, then Exotic removal for our community, and now our own personal building issue (which was permitted, and had a CO issued on Oct.15,1990) that I truly am ready to cry UNCLE!! and move on. The shame of the matter would be the wonderful clients, and hardworking crew that I would be leaving behind, not to mention our livelihood. I realize the area in question is changing, but driving along Polly , Sunset, Whitaker, and Sandy Ln. what we are doing is nothing more than most of our neighbors. Everywhere we see boats, semis, trailers, piles of mulch, sheep, goats, a junk yard, etc. Dan Eby, from the appraiser's office, has urged us for years to get our Ag zoning, but we did not want to tend animals, nor have we the time to tend a nursery. We work 10 to 12 hours a day, six days a week mowing lawns, along with everything else required to run a successful business. To tell you the truth, I didn't get through the first 2 pages of the requirements without becoming confused. Seems to me the Ag zoning is just a way of paying less property tax. We opted to pay, something which should please the County, especially this year --WOW! Maybe we should raise sheep. My luck,l would get my Ag exemptions, and the rules would change the very next day. We cannot help but think that perhaps the reasons behind all this code activity are the recent purchases of properties in our area by developers, and the recent rezoning requests. Maybe just because our name has been rather prominent lately in County E-mails. I would also like to know if it is just our property being cited, or if there are other outstanding violations in the neighborhood. I am assuming this is all a part of public record, and would like to know where I can locate this information. Also, the gal I spoke with this morning about scheduling an appointment with Ms. O'Farrell's supervisor, mentioned several inter office a mails while scrolling through our file. If those could be forwarded to me, I would appreciate it. Sharon I. VanSlyke 1/15/2008 Page 1 of 1 Sharon I. VanSlyke From: "Sharon I. VanSlyke" <SVSNLG@comcast.net> To: "fiala_d" <DonnaFiala@colliergov.net> Sent: Thursday, September21, 2006 12:58 PM Subject: Whitaker Property Dona, I had a meeting with David Scribner (code enforcement) today, and although he was very considerate of our situation, and told me not to worry,I feel that a "good cop, bad cop" scenario was played out. #1 We were sited for an illegal structure. That went away today, since the building was permitted and CO'ed in 1990. Why this was not researched prior to the issuing of a violation is unclear to me. I found the permits via the County web site. You would think that the investigator could have done the same. #2 We were told to hire an Environmental Consultant to draw up a mitigation plan to replant the property. Evidently, that is going away, also. The only clearing we did was to remove 3 half buried junk autos, along with countless discarded home appliances, at a cost of $3,200.00 (in 1990 dollars). Does anyone look into anything? #3 Removal of litter (palm fronds, etc.) As explained, Yahl Mulching is under contract to bring in tub grinder, but because of the heavy summer rains has not been able to get to us. Half the time both Sunset, and Whitaker Rds. (the only 2 assess roads to our property) are underwater. #4 We are not allowed to park vehicles on our property, because we have, no house there. Why in the world would we put up a building to store our lawn equipment if we could not park our trucks there? Everyone else can park whatever they please --dump trucks, semis travel trailers, etc. because they have a house. Which brings me to my main point: This investigator raised questions to Zoning about our occupational license. Ross Gochenaur was supposed to attend the meeting I had with David, but could not, which gets me to the "good cop/bad cop part". In a phone conversation with him today, I was told that we either had to become a home based business, where as we could not store our equipment in our building on Whitaker. If we want to remain licensed on the Whitaker property, we must hire a site developer, erect an office, etc. etc. I requested, and received a mails between the investigator, and other county staff. They infuriate me! These people spent nearly half a day trying to figure out a way to put us out of business, rather than trying to help us! Please congratulate them all for us, as it seems that it will be the only thing we will be able to do. How we could have slipped through the cracks, and used this property, and had our occupational license issued there for 17 years is beyond my comprehension! Why were none of these issues brought up in 1990, when we could have afforded to address them? This is yet another example of the working, middle class being forced out of this "PARADISE" you all seem to be trying to create. Our taxes have doubled on this property this year, and because we will not be able to use it, and will have no income, we will be forced to sell. Our employees will lose their jobs, and most have been with us for over 8 years. I could go on and on, but what is the point. I do hope that extra time will be permitted before revoking our license as we do have obligations to both our customers, employees, and bills to pay. Sharon I. VanSlyke 239-289-4544 239-793-4288 1/15/2008 Pagel of 3 OFarrellSusan v From: gochenaur r Sent: ,September 06, 2006 3:32 PM To: OFarrellSusan Cc: BlairAshley; clements_k; daviscraig; emst_j; front —desk; hedrich_d; kelly-j; LopataJan; SanchezJuan; willoughby_c Subject: RE: 6067 Whitaker Rd, landscape business Ok. I thought they could revoke any license. You can tell the property owners that their occupational license is no longer in compliance with Zoning requirements, and cite the section of the Code that says they need Zoning approval in the form of a ZC (10.02.01.A.6), and have to apply for one, which we can't grant at that address. The idea will be to bring them to the FC planner, where we'll take over_:0-@xpfain- he 're operating illegally. FC: This explanation will probably have to come from me, Joyce or David, so you can call one of us if the owners pitch _a_fit. From: OFarrellSusan Sent: Wednesday, September 06, 2006 2:45 PM To: gochenaur r Subject: FW: 6067 Whitaker Rd, landscape business Now what? From: Carolyn Francis[mailto:CFrancis@colliertax.com] Sent: Wednesday, September 06, 2006 2:14 PM To: OFarrellSusan Subject: RE: 6067 Whitaker Rd, landscape business We can't revoke their occupational license, since this was issued back in 81 for that address. We also don't know if it was approved for Ag or Residence. You can inform them of what Ross said. If they need to change this to the 6046 Hollow Drive as a home occupation, they will need to come in for a home zoning certificate for that address. Otherwise they will need to comply with Zoning regulations for the Whitaker location. -----Original Message ----- From: OFarrellSusan[mailto:SusanOFarrell@colliergov.net] Sent: Wednesday, September 06, 2006 1:01 PM To: Carolyn Francis Subject: FW: 6067 Whitaker Rd, landscape business Hi Carolyn After speaking with you about this property, I e-mailed Ross Gochenaur for his take on- the situation. What do you think about revoking their license? 9/ 11 /2006 Page 2 of 3 Susan From: gochenaur_r Sent: Wednesday, September 06, 2006 12:51 PM To: OFarrellSusan Cc: BlairAshley; clements_k; daviscraig; ernst_j; front desk; hedrich_d; kelly_j; LopataJan; Sanchezluan; willoughby_c Subject: RE: 6067 Whitaker Rd, landscape business They can't legally operate a landscape business from property with no principal structure, let alone an unpermitted garage. No matter how the occupational license was approved back in '81, it would not have been legally approved for this use if there were no principal structure. This is not a bona fide agricultural use, so they can't claim Right to Farm. There may have been a building there that was removed, but the property card should show that. We didn't have Zoning Certificates at the time, so I don't see how we can determine who approved it and why. Even if they claim they're grandfathered in - allowed to continue a use today that was previously allowed but isn't any longer (LNC) - the Code (9.03.01.G) says that without a principal structure, a LNC use has to be discontinued one year after it becomes NC. I'm sure the 91 LDC never allowed a commercial use like landscaping without a principal structure. You can ask Carolyn to revoke their occupational license and refer them to the FC planner. Either they can submit an SDP to place an office on the property, or they have to operate as a home occupation, which means they can't use the Ag property for the business. From: OFarrellSusan Sent: Wednesday, September 06, 2006 12:11 PM To: gochenaur r Subject: RE: 6067 Whitaker Rd. Ok, so the question is they have an occupation license issued in 1981 with no zoning certificate required at that time. Does that affect their current use of the property? From: gochenaur r Sent: Wednesday, September 06, 2006 10:52 AM To: OFarrellSusan Subject: RE: 6067 Whitaker Rd. Hi, Susan The section of the LDC requiring an SIP for "ag related development" is on page 10:23 under "Exemptions." 06 9/11 /2006 Page 3 of 3 Also, any home occupation has to be conducted from the property on which the residence is located. To conduct a lawn service business on Ag land without a house would require an office and an SDP to put it there. From: OFarrellSusan Sent: Wednesday, September 06, 2006 9:58 AM To: gochenaur_r Subject: 6067 Whitaker Rd. Hi Ross, I am working on a case at the above address with multiple violation. The property does not have a house or any other principal structure that could be considered a residence; in fact the property appraiser has the property owner's address at 6046 Hollow Dr, there is a non -permitted garage on the property. During my research I have found that the Van Slykes' have a license for their landscaping company Lawn Groomers with this being the address for the license. Should I treat this the same way I treated Angel's Tree Service? Thanks for you help. Susan •ti -P O "?.".& b" a .vrco 9/11/2006 Ri T 7 0 (D m l< U) �G (D NV)n-4In C 0 0 0 C �' 3 w m 3 c CL I� L. 7 a N n - n f�D N 0 O � � m co :3fD V! T M N (gyp N . (fl CL ^ N o CEO <00 rn� � — Z �D N N' r (0 co@o 0 < 0 M O M (D v v CO) m v Page 1 of 1 Sharon I. VanSlyke From: "0Farrel lSusan" <SusanOFarrel l@colliergov.net> To: <sysnlg@comcast.net> Cc: 1.gochenaur_r' <RossGochenaur@colliergov.net>; "scribnerdavid" <DavidScribner@colliergov.net>; "SerranoMariene" <MarleneSerrano@colliergov.net> Sent: Sunday, January 21, 2007 11:52 AM Subject: 6067 Whitaker Road Dear Mrs. VanSlyke, As I haven't heard anything from you in regards to this code case and I haven't heard anything from planning in regards to the use of your property and the licensing and permitting issues I am going to begin preparing the case for the Code Enforcement Board and a hearing. If you would like I would be happy to arrange a meeting with you, myself, Dave Scribner, and Ross Gochenaur to review the case and your options. Please don't hesitate to call or e-mail me with any questions you may have. Sincerely, Susan O'Farrell Susan P. O'Farrell Environmental Investigator 239-403-2488 239-877-8122 Each time someone stands up for an ideal, or acts to improve the lot of others, or strikes out against injustice, he sends forth a tiny ripple of hope. -Robert F. Kennedy 1/15/2008 Cost Estimates: 6067 Whitaker F.P.L. Run lines: $3,000.00 to $5,000.00 Dixie Septic Install system: $6,000 to $12,000.00 G. G. Well Dr. $3,800.00 to $4,500.00 Houchin Construction Site Dev. Plan???? $200.00 square foot for building American Engineering only contact called back. Could give no estimate. Called 5 different firms. -r b n c- v- 1 io r p . l Sa+off h c w dv1d con1oc-k pry �Z'j 1 OL-L) In 1 w e e . ljd Cr-x)1 ►reC-,e%/9CA b� 2/ q/ o -7 On January 21, 2007 Susan sent an e-mail. I was out of town and received it on Jan. 251". On Jan. 26"' I phoned code, and Susan was not in. I spoke with Dave Scribner about appointment suggested in a -mail. I was told that Susan was out the following week, but that he would get back to me. I again stated that I could not afford to do a site plan, erect an office etc. and did not understand any of this. I never heard back from him. On Oct. 25t" ( I was again out of town) my friend Steve called to say I received a notice of a board hearing. I honestly had thought this whole thing had gone away! Did not know it was my responsibility to call and find out why I was not being persecuted! On my return I called Mr. Scribner, and he did not recall my phone call in Jan. Understandable. Said to take my chances with the code board. Filed motion for continuance. Consulted another attorney- $400.00 an hour. I am in this on my own. Examined permit papers and affidavit and old code case files, along with pending case. Made copies. I really question the time lines here. Wish this had of been done in a more timely matter. One way or another it would be over by now. Honestly wish all this had been brought up in 2001, when we were in a better position financially, and physically to handle it. As stated in our opening whatever- we did not understand that we could not store our lawn equipment in the barn on Whitaker. It was the reason we built it. We did intend to grow plants at the time, but did not intend to make that our sole source of income. CONSTRUCTTON CONTRACT Scott A. Selsor, Inc. Residential Builder 4056 Seaoats Lane Naples, FL 33962 ( 813 ) 775-201 6 1. "ARTICLES OF AGREEMENT" made and entered into this 8th day of September, 1990 by and between Glen D. VanSlyke, Jr. hereinafter known as "OWNER" and Scott A. Selsor, Inc. hereinafter known as "CONTRACTOR". 2. Contractor promises and agrees to Owner to construct a 22' X 28' storage shed, on the owners property known as 6067 Whittaker oad, for a sum of $16,500. 3. Contractor shall guarantee all workmanship and materials incorporated in this dwelling for a period of one year from date of Certificate of Occupancy. 4. Items included are: Clearing and Fill, Concrete slab, Frame Const., Com sition Roof, V'ny 1I siding, 18' Overhead d , Steel Entry Door, 50 amp service and all misc. hard re. 5. Draw schedule: 00 rmittin_g d$7:,000*ar s a at dryin$5ar"comp on (( IN WITNESS t e paid parties to these present have hereunto set t a an s of the date above written. A- Scott A. Selsor, Inc. ner Scott A. Selsor RR0059774 Sworn to and subscribed before me this day of 1990. My Commission Expires: NOTARY PUBLIC STATE OF FLORIDA APPLICATION FOR BUILDING PE RMIT COLLIER COUNTY, FLORIDA z of z Permit or Application fee Permit ><pi if work is started Certificate YOccupancy 4 is rabe ndy bissueLe emPlo and that the an approved Perot. 770 mthout nthsf�Oitf° date of issue, 7 structure 3hilli.� as uee fwrher under. y Cep$' that I have the Authorityuntil a of Colder County, to mate the foregoing al"cation, that construction vM will conform to regulations in the Buo ' Cow a.7 e �Urtg Ora"application yb �is provisions and that the The processln of Ure � g of the a#1acW Pe1W1APpdc anon is contingent upon the The below signed 107ant swear we of the facts below: contractors ojjact that are s that the below listed contr ' the below listed being used on t ' actors of record on P rsted contractors ors lo Protect. Below signed ernrit # letters and a cab -contractors it desired, the 46Fant wi also ee new 48tdovit. swears t ifs 6MProvide the necessaryg zedm //we furthtr swear that notarized COI with all Co Codes and Ord"42nd that m'kw and issuing of th�sPernrit nances. d2GLG e.&empt n from I483: Gam Contraebr i ATAMftQMZajMW:. Address (C`'il�y _ Etna. Contractor`%a ti /i •� ' � ,:. '� ✓_ i < Pimb.acie, u / ZIP Coda�- A/C Mach. Contr. -_ Pealing Cotar septic Install., F7onda Statute M837.o6 - False Official. BE -AWARE -THA1: Statements Law states that. statern tis Official duly er °wwg1Y makes a false If Ithi writing with the intent to mislead or 7�r489�� mum of a scary da � of degree,* punishable as pro'servant in the lxrfonnance of ioladon Licensing Provided by a fine to a maximum any Fraudulent t punishable by the S tas a gCon ws anrw&Dr bCollier County Owe M85-42, 'ATE OF ( State � CumY Conractors Licatarng Board., all c Section 4lol10 of aUwa Gooin on m these inal uns. . OF (65cLrUVj ) ! Signature .1 71, of Qualifier or Owner-g�� i SWORN to and subscribed before me this l o d or Prirued) day of 2 19 9ti ,0AaGSS10N F S. under the Penalty "law. oferEEtata11SS11M EXrtjllaf 18�IOA (� f aa TNRa GENERAL J- No'tary Public II F-DCEhMNT OF FOSSMI u r,n.,,. -- - land subject to ENS NS OR STR1 f L Collier Co Permit may be subject m VENANTS wnc to Provide legal �Y la naPndsibk for to,the �' and other restdcd or bushress adviceO OCm of these testri °"a that may limit ar �Palr theofthe �l owner i au to seek PrfssslotylPublic YerED saM.e fictions r7he 1 oUkr Count P'l °C uthor- .__ _ Y applicant acting 'gt'a"'te 9 - / 0 ding Fetnmit No.� Date Comments J t O a' N , W � n a V a � • n i f ..J Q u H H Li H L i w, u o ❑ c U z � Z t� J L CL ❑ a CCUt i 3 U)cn H z u ❑ J ❑ V "' u� O ,r > o c, W u s LU O ¢ H U3 W Of W a w Q z ❑ `� L% r Q cn icc D �` u W cr ❑ c.i N u w +J h 0 ❑ ❑ Z 2 O M u' u, u., CCo �c L W L JCL L Z ~ U ❑ Q } ' rn � j 131A�i3S _ rn w U A , u ITu �- w W ' LU Q U , 1 W CC Y, � w 3 GJ A, t1 r]ui SALTY GR 0 n T u RM wasies%"bleb ♦.Mtn reevert �- teMeq�•a'rtrwwHt je�,SOa.�. # W Warranty Bud made lids -fo. tier d Jaevaty A It to g1 4 Tual I i Mtn . 2 zrtattted !sail. bar#tng 11Z fattest, .and C Ltx V. TJOVAffti. Jr,.. a, l,C_t�tttie+i ksa• ba rw II2 feterest. as Tenmty to omm'm, Lorittsefte► ea•RnI the ye. mot,. 1* C-2.o 0. TANP.M. Sit. a" SRW4 1. TAXELM. *nV-1.4rrd a114 itt(e, i I w,6w ►wlelfke *44"t it 6046 iioilvv Drive. xaples, Florida 31962 Mvrdno/1N #W" (Re pw'r1M• .ntw�rw M, tA-.11. �a.. 'rNM►' fM 't!'M,e' .f 0 et ee NM.Mr N ► MMnMMM. ,•1 �f� AN k4a 4Nt .M+r,.Nw" P•1 .wwn ,f 4K1wM+:� •M .r.►..,..+.,rtrw.w,wi Wltn �t�: T61 the erne!.». let anwi in ►.m drmhnn .i the tmn of S tO.00 on.i "Ilx+ raFuaide ewnNtlreatttnnr, ee.rfpr #Turc4 it h"Ar ari,Nnrb,/pn/, harhr WeM1t i.regrin,. rrlla ArwR to MItN. stools, esth t and r nr(f►ets ,uda the oan►,M. all Ah a er,b.in innd ttltrele lot Collier Cennty. I-Irw4a. tot, The North 1/2 of the West 1/2 of the SE 1/6 of the XW 1/4 of the SW 1/4 of Section 16, Township 50 South, Range 26 East, less the North 30 feet and the West 30 feet thereof, reserved for road right-of-way. This is the north 1/2 of Tract 19, unrecorded plat. W C) O M Recoived # f • Z _i ^!.a ti S'a•r.p Tay Rmewed $ C; T'C" a. • w: tv Mli _Pe: s,wal Frcpe is Tex COLLIER CONNIY CLERK OF C,:)URTS 3Y _X 11► s D C *THIS IS NOT HOMESTEAD PROPERTY 0 GRANTORS. Tog-9- i f will, all the I n r C J� prntenances thereto belonging or in any- D wise apptrlahttng. n To lbw and to DI des-mme in far simple ►e !dam And the grantor hen s nt that t a nlor is lawfully sefted of said land Ins* simple: that the gran for rf o is u r f to Artrrd comey sold !weds that the grantor hereby fully nano s 1I 1 1. id at f en th same against the lawful claims of all penmu whommeotrt a all , except taxes accruing subsequent to I�et:ember 31, 1990. S TOl Taxes f the y 91 and subsequent years not yet due and payable. ng and Use re o posed by governmental author- ity, and restrictions' asements comma ubdivision, provided however, that no one of them able vent the use o roperty for the purpose of a residence, outstanding o 1�$ _ 1 rest of record, if any. In VJJWS Wherfnf► flow said grantor has signed and sealed else" presents the day and year first above written. Sigsted. and delivered In our prasenee: VSS zlt n SFATa OF FLORIDA COUNTY OFF COLLIER I Ina =y CERTIFY dot on this day, before me, an of&w duty augmixed is the State Aformid sad is the County aforessid to take acksoreinkmcan, personally append MICHAEL PILLINGER, a Married Man Having 1/2 interest, and GLEN D. VANSLUE, , a Married Man, having 1/2 interest, as Tenants in Common, ir __... . ...........fill!• I E ieY V .. t— erne Snow cos ttcoosts use to me know to be the pr;s&t a desrrdned is and who executed the they acknowledged before am that they •. im,gans lawmaene mad exectae� des aaax ��a• pecab� . p,c, p d <.:w1TlVass my heed and official seat in the County and CQLIIc K `ON E� O state Jan aimenid ibis 29th day of January A. D. 91. �f Air ARY fISSWR. STATE 0y ..—..—.»—.--.._ MY C MMSSION EXPIRES: L 14L 9 rAttMI9510M WfRES:iR.l1� t993. aa.on,aausorae,auauauuaRwarae: !f �tttlsNaAew!'[%ditd [i�+: . EVERGREEN TITLE CORPORATION 5101 East Tamtami Trail, Suite OF NAPLES 0103 Or «. rlddn• ...,,...• Naples, Florida 33962 xc cn co cc COLLIER COUNTY, FLORIDA NOTICE OF ORDINANCE VIOLATION AND ORDER TO CORRECT TO: Glen Vanslvke Jr. 6046 Hollow Dr. Naples, Fl 34112 LOCATION OF VIOLATION ( LEGAL AND ADDRESS) WITHIN COLLIER COUNTY ZONING DIST AG SEC 16 TWN.50 RNG. 26 SUB DIV Naples Area North BLK.#50 LOT# PARCEL# OF COLLIER COUNTY RECORD. PROPERTY ID# 00420640008 PUD# TRACT# UNIT# SDP# O R PAGE OR PAGE A.K.A. (ADDRESS)6067 Whitaker Unincorporated Naples Florida NOTICE PURSUANT TO COLLIER COUNTY CODE ENFORCEMENT BOARD (C E B ) ORD#92-80 AS AMENDED, YOU ARE NOTIFIED THAT A VIOLATION(S) OF THE FOLLOWING COLLIER COUNTY ORD.(S) AND/OR P.U.D. REGULATION(S) EXISTS AT THE ABOVE DESCRIBED LOCATION ORD(S) 99-51 SEC(S) 6 & 7 ORD(S) SEC(S) ORD(S) SEC.(S) ORD(S) SEC.(S) P.U.D. NO(S) : REGULATIONS) SEC(S) DATED: DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). DID WITNESS: The existence of litter consisting of palm fronds and other vegetative waste on the property described above. INQUIRIES AND COMMENTS SHOULD BE DIRFCTED TO COpE ENFORCEMENT OFFICER: Cathy Van Poucke 2800 No Horseshoe Dr. NaWes. Fla 34104 4 4 F 4 d ' ves62 tor's Shmature 5/7/OI STATUS: X INITIAL RECURRING REPEAT WRIER T1 CORRECT VIOLATION(S): VA e 1, 11 01 u! 4. ON OR BEFORE: 6/07/01 PENALTIES MAY BE IMPOSED' Failure to correct the violations on or before the date specified above will result in the filing of an affidavit of violation with the Collier County Code Enforcement Board, charging you with the violation(s) as described on this form. You will/have receive(d) notification that a hearing will be held which you and/or a legal representative may attend. Failure to appear may result in the Board proceeding and making a determination in your absence. If the code enforcement board finds a violation exists, a maximum fine of $250.00 per day in the case of a first violation, a maximum fine of $500 00 per day for a repeat violation and a maximum fine of $5000 00 per violation in the event a "C E B" finds the violation to be of a irreparable or irreversible nature. Fines may be imposed on a per day basis for each day each violation exists beyond the date set for corrective action in this notice. Costs of prosecution and/or repairs may also be assessed against you for any violation. SERVED BY: X CERT. MAIL, POSTED PERSONAL SERV. I .HEREBY acknowledge I have received, read, and understand this notice of violation Property owner/a ent's signature DATED THIS DAY OF .2001 REF: CASE NO. 2001050283 Code Case Detail Report CDPR4204 - Code Case Detail Report CASE NBR: 2001050283 AO NBR: 159208 STATUS: CLOSE INSPECTOR: VANPOUCKE_C LEVEL: NOV CASE TYPE: ENVIRONMENTAL ADDR NBR: 9715 LOCATION: 6067 WHITAKER RD FOLIO: 0000000420640008 16 50 26 N1/2 OF W1/2 OF SE1/4 OF NW1/4 OF NW1/4, LESS R/W 2.07 AC OR 1589 PG 2247 LOT: .000 BLOCK: 050 SUBDIV: (100)-acreage TAZ: PLANNING COMM: ZIP: 34112-2927 OPEN DATE: 05/07/2001 OPEN USER CAMPBELL_K CLOSE DATE:06/18/2001 CLOSE CAMPBELL_K DIRECTIONS: DISPOSITION:ABATED CATEGORY: LITTER PRIORITY: 0 LAST VISIT: 692970 HEARING DATE: DESCRIPTION: 1ST DRIVEWAY EAST OF SUNSET (SOUTH SIDE) CONTACT INFORMATION: VANSLYKE JR, GLEN D=& SHARON I PHONE: FAX OWNER INFORMATION: VANSLYKE JR, GLEN D=& SHARON I 6046 HOLLOW DR NAPLES, FL 34112-2927 PHONE: FAX: COMPLAINANT INFORMATION: NAME/ADDRESS: ANONYMOUS V1S1TS: VISIT NBR INSPECTOR 687956 VANPOUCKE C 688703 VANPOUCKE C 691567 VANPOUCKE C 692970 VANPOUCKE C CONTACT?: PHYSICAL FILE ID: DUMPING OF LITTER. KRC TENANT INFORMATION: VANSLYKE JR, GLEN D=& SHARON I PHONE: FAX: VIOLATOR INFORMATION: VANSLYKE JR, GLEN D=& SHARON I 6046 HOLLOW DR NAPLES, FL 34112-2927 PHONE: FAX: PHONE: SCHEDULED DATE VISIT DATE 05/07/2001 05/07/2001 06/08/2001 06/08/2001 06/18/2001 06/01/2001 06/05/2001 06/18/2001 FAX: REMARKS OBS LITTER CONSISTING OF PALM FRONDS AND OTHER VEGETAION WASTES. NOV TO OWNER. NO PHONE LISTING. R/C 6/8/01 NP RECEIVED CALL FROM PROPERTY OWNER SHARON 793-428 H/ 8603519 CELL SHE HAS BEEN CALLING CONTRACTORS AND CAN NOT FIND ANYONE OT DO WORK EARLY THAN MID JULY. DROPPED OFF LIST OF OUR CONTRACTORS. R/C 6/8 EH MET WITH OWNER AT SITE TO EXPLAIN VIO. SHE HAS CLEAN UP SCHEDULED 6/16 R/C 6/18 EH VIO ABATED. KRC LETTERS: REF TYPE LETTER NAME RQST DATE PRINT DATE SEND DATE STATUS RECV DATE CC 1ST PAGE NOV/ST: 05/11/2001 ACTV 5/21/2001 VIOLATIONS: Collier County Printed on: 12/14/2007 11:12:05AM CD -Plus for Windows 95/NT Page 1 of 2 t _ i DR482 1[j�pplication and Return for Agricultural Classification of Lands R.12/00 DEPARTMENT (W REVENUE Section 193.461 The undersigned, hereby request that the lands listed hereon, where appropriate, be classified as Agricultural Lands for property tax purposes, by the property appraiser of the county in which the lands are located. This form must be signed and both copies returned on or before March 1 st Applicant's Name a Address: Return To: Telephone No. ( ) LegalDescription Property I.D. Number Lands used primarily for agricultural purposes are as follows: How Long in this use? Citrus Acres Yrs. Agricultural income from this property (Please complete for the past four (4) Years). Crop Year or Use Gross Income Expense Net Income Cropland Acres Yrs. Grazing Land Acres Yrs. No. of Livestock Timberland Acres Yrs. Poultry, Swine or Beeyards Acres Other AT._ Acres Yrs. Yrs. Date Purchased: Purchase Price: Has a Tangible Personal Property Tax Return been filed with the County Property Appraiser for machinery and equipment? Yes ❑ No ❑ If yes, what name was the Tangible Return filed under? Is the real property leased to others? Yes ❑ No ❑ If Yes, attach copy of Lease Agreement. Has the real property been zoned to a nonagricultural use at the request of the owner? Yes ❑ No ❑ As of January 1st of this year, @QQTL the lands listed above were used primarily for "Bona Fide" Agricultural Purposes. Bona Fide Agricultural Purpose means "Good Faith Commercial Agricultural use of the Land." I understand that the property appraiser may require supplemental and additional information, other than the application, and I am willing to comply with any reasonable request to furnish such information. Under penalties of perjury, I declare that I have read the foregoing application and that the facts stated in it are true. If prepared by someone oth5F thathe applicant, his/her declaration is based on all information of which he/she has any knowledge. Signature: Date: For Record Purposes Only This acknowledges receipt of yourApplication for Agricultural Classification of Lands on Z)MQ for the above described roperty. Property Appraiser: �_t e L ea Coun County (date) Record of Action of County Property Appraiser (Check Only the Appropriate Box Below) 1. Application approved and all lands are classified Agricultural 2. Application disapproved and Agricuftural Classification of Lands denied on all Lands 3. Application ❑approved in part, and El disapproved in part ❑Agricultural Classification of Lands approved on the following described portion (Use this space only if item 3 above is checked) Property Appraiser: Date: 4� SQUARE'S NURSERY INC. 200 Sabal Palm Road Naples, Florida 34114 Ph. (239) 774-1907 - Fax (239) 774-4922 All claims and returned goods 13144 MUST be accompanied by this bill. I/ 7hzwk GYou c,,', NEBS CUSTI.M prirttnq service 1 raF�IS ,, '7�,3' '�' - Moms Bobcat Service, Inc. Invoice 5216 Myrtle Lane Naples, FL 34114 Bill To NAPLES LAWN GROOMING 6046 HOLLOW DRIVE NAPLES FL 34112 Date Invoice # 11,126,12007 1171 I P.O. No. I Terms I Project Quantity I Description I Rate I Amount 6067 WHITTAKER cleared & hauled off debris I 900.00 I 900.00 Total $900.00 Morns Bobcat Service, Inc. Invoice 5216 Myrtle Lane Naples, FL 34114 Bill To NAPLES LAWN GROOMING 6046 HOLLOW DRIVE NAPLES FL 34112 Quantity Description Date Invoice # 9/ 11 /2007 1161 I P.O. No. I Terms I Project 6067 WHITTAKER Rate Amount cleared & hauled off debris 1 850.001 850.00 Total $850.00 Morns Bobcat Service, Inc. Invoice Quantity 5216 Myrtle Lane Naples, FL 34114 cleared & hauled off debris Description Date Invoice # 5/21 / 2007 1136 I P.O. No. I Terms I Project 6067 WHITTAKER Rate Total 600.00 Amount 600.00 $600.00 Morris Bobcat Service, Inc. Invoice Quantity 5216 Myrtle Lane Naples, FL 34114 cleared & hauled off debris Description Date FInvoice # 16i2007 1092 I P.O. No. I Terms I Project 6067 WHITTAKER Rate Total 600.00 Amount 600.00 $600.00 Morris Bobcat Service, Inc. Invoice 5216 Myrtle Lane Naples, FL 34114 Bill To NAPLES LAWN GROOMING 6046 HOLLOW DRIVE NAPLES FL 34112 Date Invoice # 11 /8i2006 1070 P.O. No. I Terms I Project I Quantity I Description I Rate I Amount 6067 WHITTAKER cleared & hauled off debris I 1,150.001 1,150.00 Total $1,150.00 - tW F --t -T- TICKET # 7101011 Naples Recycling Center 2640 West Enterprise Ave. Ext. Naples,FL 34104 (239)643-3099 WEIGHTMASTER: RICHARD70 CUSTOMER # 105101 NRC COMM CASH CUSTOMER CUSTOMER TYPE: CASH VEHICLE # 701C TRAILER # DATE IN: 1/11/08 TIME IN: 8:08 am DATE OUT: 1/11/08 TIME OUT: 8:08:23AM SCALE 1 Gross wgt 0 lb SCALE STORED Tare wgt 0 lb Not wgt 0 lb INBOUND 6.00 EA NRC BIOMASS > 1/2 CU YD Amount TICKET AMOUNT $ 1536 AMOUNT PAID $ 16.00 CHANGE AMOUNT $ 0.64 .r ONLY USED AT THE NAPLES RECYCLING CENTEF FOR COMMERCIAL CUSTOMERS Business clients need to keep this on file to comply with FDEP Hazardous Waste Ord. 62-732.030(3) TICKET # 7100910 Naples Recycling Center 2640 West Enterprise Ave. Ext, Naples,FL 34104 (239)643-3099 WEIGHTMASTER: RALPH70 CUSTOMER # 105101 NRC COMM CASH CUSTOMER CUSTOMER TYPE: CASH VEHICLE # 701C TRAILER # DATE IN: 1/10/08 TIME IN: 9:33 am DATE OUT: 1/10/08 TIME OUT: 9:33 24AM SCALE 1 Gross wgt 0 lb SCALE STORED Tare wgt 0lb Net wgt 0 lb INBOUND 9SY Description 5.00 EA NRC BIOMASS > 1/2 CU YD Amount TICKET AMOUNT $ 1280 AMOUNT PAID $ 20.00 CHANGE AMOUNT $ 720 ONLY USED AT THE NAPLES RECYCLING CENTEF FOR COMMERCIAL CUSTOMERS Business clients need to keep this on file to comply with FDEP Hazardous Waste Ord 62-732.030(3) 04W !1.i+;����.1,�.-i'�,;r "'rLm W C, V- 4�— Y� srP U ifir, 2 't . .... I At" film"VIN 4t, K: - cl ✓ A - L I i.- i 1_ TICKET # 7101011 Naples Recycling Center 2640 West Enterprise Ave. Ext. Neples,FL 34104 (239)643-3099 WEIGHTMASTER: RICHARD70 CUSTOMER # 105101 NRC COMM CASH CUSTOMER CUSTOMER TYPE: CASH VEHICLE # 701C TRAILER # DATE IN: 1 /11 /08 TIME IN, 8:08 am DATE OUT: 1/11/08 TIME OUT: 8:08:23AM SCALE 1 Gross wgt 0 lb SCALE STORED Tare wgt 0 lb Net wgt 0 lb INBOUND QN Descrintion 6.00 EA NRC BIOMASS > 1/2 CU YD Amount TICKET AMOUNT $ 15,36 AMOUNT PAID $ 16.00 CHANGE AMOUNT $ 0.64 ONLY USED AT THE NAPLES RECYCLING CENTEF FOR COMMERCIAL CUSTOMERS Business clients need to keep this on file to comply with FDEP Hazardous Waste Ord. 62-732.030(3) i._'�r•a-�t� t �1�'ti - TICKET # 7100910 Naples Recycling Center 2640 West Enterprise Ave. Ext. Naples,FL 34104 (239)643-3099 WEIGHTMASTER: RALPH70 CUSTOMER # 105101 NRC COMM CASH CUSTOMER CUSTOMER TYPE: CASH VEHICLE # 701C TRAILER # DATE IN: 1/10/08 TIME IN: 9:33 am DATE OUT: 1/10/08 TIME OUT: 9:33 24AM SCALE 1 Gross wgt 0 Ib SCALE STORED Tare wgt 0 lb Net wgt 0 lb INBOUND QU Description 5.00 EA NRC BIOMASS > 1/2 CU YD Amount TICKET AMOUNT $ 1280 AMOUNT PAID $ 20.00 CHANGE AMOUNT $ 720 ONLY USED AT THE NAPLES RECYCLING CENTEF FOR COMMERCIAL CUSTOMERS Business clients need to keep this on file to comply with FDEP Hazardous Waste Ord 62-732.030(3) N " -., _,- ! vir, , 77777, January 9, 2008 To Whom It May Concern: In 2006 my friends, Doug and Sharon VanSlyke allowed me to leave my boat on their vacant lot while I went to Rhode Island. In August they told me I could no longer leave my boat there because the county said it couldn't be there. I removed the boat and have not used the property since. No money changed hands for this friendly gesture. If you have any questions you may contact me at (239) 455-1098. Robert Gamble . ri %�' awry ♦ +r`r A NMI `Iik'�'►'h 0 tot" IWO K It {,' CrF . ,y °.• w.' e�Y r-z54erY r Sr � 4 A 00 Iq i q r �e � t r x., r 13 +� t Yr e''� a x ' .�y vl�d ),'. p f'a t.,�:.`� '� %r �� €�4.. �'I OF, a.;y "�` �}h ,. �` +a tea+yP" ✓`� wp�A �q .g'iA"y{ % "'P'% i a. ''-1L� T°''p�c N sell fly ' � it x ,aw.', a A i. Yard F)ird Owner: Dallas Burkholder 259-795-259 1 I lost my lace to store my lawn truck and trailer in ,June of 2006. approached the VanSlykes about using their lot on WkItAer. They were gracious enough to allow me to Park there, but requested that I keep searching for other arrangements, and would accept no money. They were more than willing to help out another small business person such as themselves, but, in no way was this ever to 6e a permanent solution to m y dilemma. On July 26t6 2oo6 I was confronted about my illegal parking and moved my vehicles as soon as possible. `/`/hen Sharon returned home she said she was sorry, but really had no idea she was in error to help me out like she did. D 4 /) 4s t3,,I- 1�e,, , i c/,ve- CDPROOQ2 - Image Print CD -Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2006080132 employee parking so88 IMAGE DATE 7/26/2006 Collier County CD -Plus for Windows 95/98/NT Printed on 12/14/2007 11:10:36 AM Page 1 CDPRC002 - Image Print CD -Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2006080132 landscape vehicle belonging to company owned by person other than IMAGE DATE property owner so88 7/26/2006 Collier County Printed on 12/14/2007 11:11:31 AM CD -Plus for Windows 95/98/NT Page 1 BDI Electric William Dings Owner 239-289-3095 To whom it may concern: Sharon VanSlyke is my neighbor, and also a director of our homeowner's association. When I acquired a vehicle disallowed under our deed restrictions, in early summer of 2006, I asked Sharon if I could park temporarily on her Whitaker property until I could find affordable storage that was also close to home. I offered to pay, but she declined, and just wanted to help out, and also keep the truck out of Quail Hollow. The picturesdepicts that of my truck, and an employees vehicle. When code showed up one afternoon and informed us we couldn't park there, I contacted Sharon. She was out of town, but said she would get back to me. Upon her return home, she apologized, and asked me to find someplace else as quickly as possible. She said she had no idea she couldn't help us out. I removed my stuff on the second week of August 2006 and haven't been back since. W r✓,-) D-t,vis CDPk0002 - Image Print CO -Plus Report - Code Case Image CODE CASE NUMB6 IMAGE DESCRIPTION 2006080132 employee parking so88 //6b/6UUb Collier County Printed on 12/14/2007 11:11:17 AM CD -Plus for Windows 95/98/NT Page 1 CDPR0002 - Image Print CD -Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2006080132 Parked vehicles belonging to other companies so88 IMAGE DATE 7/26/2006 Collier County Printed on 12/14/2007 11:11:09 AM CD -Plus for Windows 95/98/NT Page 1 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. GLEN AND SHARON VAN SLYKE, Respondents CEB NO. 2007-119 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on January 24, 2008, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: FINDINGS OF FACT That Glen and Sharon Van Slyke are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents, having been duly notified, appeared at the public hearing. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 6067 Whitaker Road, Naples, Florida, Folio 00420640008,more particularly described as The North''/z of the West''/z of the SE'/4 of the NW '/4 of the SW '/4 of Section 16, Township 50 South, Range 26 East, less the North 30 feet and the West 30 feet thereof, reserved for right-of-way (This is the North '/z of Tract 19, unrecorded plat) is in violation of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 1.04.01(A) and 2.02.03 in the following particulars: Observed accumulation of commercial vehicles on the property which are used for a commercial landscape business on unimproved agricultural land.. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 1.04.01(A) and 2.02.03 be corrected in the following manner: 1. By ceasing and desisting all non -approved and non -permitted use on unimproved agricultural land known as 6067 Whitaker Rd., Naples, Florida, to include outdoor storage of commercial vehicles within 14 days (February 7, 2008). 2. By ceasing non approved use of property for lawn service business until appropriate approvals have been obtained from the Collier County Zoning Department within 14 days (February 7, 2008). 3. That if the Respondents do not comply with paragraph 1 of the Order of the Board by February 7, 2008 , then there will be a fine of $50 per day for each day for each day the violation remains. 4. That if the Respondents do not comply with paragraph 2 of the Order of the Board by February 7, 2008, then there will be a fine of $50 per day for each day the violation remains. 5. That the Respondents are to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 6. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $623.15 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 30 day of , 2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: Sheri Barnett, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) 4� The foregoing instrument was acknowledged before me this day of .- cy r 2008, by Sheri Barnett, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or ,-who has produced a Florida Driver's License as identification. KU8TINE HMTON MY COMMISSION R DD 888595 EXPIRES: June 18,2011 I�i • ' Bonded Ttuu Notary PubW Urde 10M l 1 NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Greg and Sharon Van Slyke, 6046 Hollow Drive, Naples, FL 34112 this '-30a" day of _ 2008. ►011-8 Co F1-0;` 1A :ounty of GOL iER HEREBY T,; "T 41'.;3 is a true anO M. Jean Rawson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239)263-8206 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. Jean Claude Martel, Respondent(s) Case No. 2007080353 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Copy of Applicable Ordinance 6-19 Deed 20 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, VS. JEAN CLAUDE MARTEL, Respondent Dept. Case No. 2007080353 NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: January 24, 2008 TIME: 9:00 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: 3190 Karen Drive SERVED: Jean Claude Martel, Respondent Inv. Thomas Keegan, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE -HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:OOAM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE IJ COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner VS. DEPT CASE. 2007080353 Jean Claude Martel, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: Violation of Ordinance(s ) 0441, as amended, The Land development Code Sec. 1.04.00, sub sec. 104.01, par's A and B Sec 2.02.00, sub sec. 2.02.02, par. B, sub sec. 2.02.03, "prohibited use" Sec 2.03.00, sub sec 2.03.01, par-H, Village residential Dist Sec. 8.08.00, par.B Sec. 9.03.00, sub sec. 9.03.01, par-D Sec. 10.02.00, sub sec. 10.02.06, par's- B-la through to and including f. 2. Description of Violation: Unpermitted development and use of "VW' zoned property in Collier County, known as 3190 Karen Dr Naples, FL 3. Location/address where violation exists: 3190 Karen Dr Naples, FL 4. Name and address of owner/person in charge of violation location: Jean Claude Martel 3190 Karen Dr Naples, FL 5. Date violation first observed: August 13`h, 2007 6. Date owner/person in charge given Notice of Violation: August 17`s, 2007 7. Date on/by which violation to be corrected: September 17', 2007 8. Date of re -inspection: September 17', 2007 9. Results of Re -inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above -described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 28th. day of September, 2007 Thomas Kee Code Enforcement vestigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before this 28th day of September , 2007 by Keegan ^. (Sim afore of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification NOTARY PUBLIC - STATE OF FLORIDA " Delicia Pulse REV 3-3-05 =Commission #DD629723 Expires: JAN. 16, 2011 BONDED THRU ATLANTIC BONDING CO., INC. Thomas 2, COLLIER COUNTY, FLORIDA "- �y NOTICE OF ORDINANCE VIOLATION AND ORDER TO CORRECT TO: Claude Jean Martel 3190 Karen Dr. Naples, Fla. 34112 LOCATION OF VIOLATION (LEGAL AND ADDRESS) WITHIN COLLIER COUNTY ZONING DIST. " VR „ SEC. 23, TWN.50, RNG.25 , NG&TCLF subd. , Parcel No. 00.013, ID # 61839320000, OR 0350, PG. 0192, of Collier Co. record. A.K.A. lot # 39, A. K. A- 3190 Karen Dr. Naples, Fla. NOTICE PURSUANT TO COLLIER COUNTY CONSOLIDATED CODE ENFORCEMENT ORDINANCE NO. 07- 4, YOU ARE NOTIFIED THAT A VIOLATION(S) OF THE FOLLOWING COLLIER COUNTY ORDINANCES) AND/OR PUD REGULATION(S) EXISTS AT THE ABOVE -DESCRIBED LOCATION. ORD. NO. 04-41, as amended Sec. 1.04.00, sub sec. 1.04.01, par's. A and B. Sec. 2.02.00, sub sec. 2.02.02,par. B, sub sec. 2.02.03, "prohibited use" Sec. 2.03.00, sub sec. 2.03.01, par.-H, " Village Residential dist" Sec. 8.08.00, par. B. Sec. 9.03.00, sub sec. 9.03.01, par.- D. Sec. 10.02.00, sub sec. 10.02.06, par,s..- B-la through to, and including f. DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION (S). DID witness, Unlawful increased development and use of "VR' zoned property in Collier County, known as 3190 Karen Dr. Naples, Fla. , consisting of, but not limited to the following. 1) An original 12' X 36' single wide mobile home type structure having been altered and reconfigured without prior Collier County Zoning and Land Development review and approval, without Collier Co. Building Permits, resulting in the following related violations: 2) 10.1, X 11.1' Alum. addition wt. A/C, to west side of original mobile home. 3) 14.7' X 36' enclosed addition with revised entry located just east of original mobile home. 4) 41.3 +/- X 28.5' +/- enclosed addition with garage door & walk in entry on west side & 2nd. Garage door entry to rear. 5) 15' X 36' Alum. Open car port type addition to the east side of improvements mentioned in item #3. 6) Also a 18' X 11.4' detached Alum. Shed at north/east rear yard area without prior approval, without permit All above additions, improvements and use not to Collier Co. code, posing possible health and safety concerns. INQUIRES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT INVESTIGATOR: Thomas Keegan 2800 No. Horseshoe Dr. Naples, FL 34104 (941) 403-2483, FAX: (941) 403-2343 Investigator's Signature, --------- - VIOLATION STATUS: INITIAL ORDER TO CORRECT VIOLATION (S): YOU ARE DIRECTED BY THIS NOTICE TO TAKE THE FOLLOWING CORRECTIVE ACTION (S) Must apply for Collier County "After -The -Fact" Building Permits for all additions and improvements made without prior Collier Co. review and approval, without prior permit, within 30 days after receipt of this notice. Must execute all issued permits so as to obtain all required inspections, through to issuance of a Certificate of Completion within 90 days after receipt of this notice. Or in the alternative, must obtain a Collier Co. Demolition Permit for removal of all non -allowed, non -permitted additions and improvements within 10 work days after receipt of this notice. Must execute Demo. Permit(s) so as to obtain all required inspections, through to issuance of a Certificate of Completion, and so as to restore all premises to a state of compliance within 60 days after receipt of this notice. PENALTIES MAY BE IMPOSED: Failure to correct the violations on or before the date specified above will in, 1) The filing of an affidavit of violation with the Collier County Code Enforcement Board, (CEB) or Special Master "SM", charging you with the violation(s) as described on this form which you and/or a legal representative may attend. Failure to appear may result in the Board /S.M. proceeding and making a determination in your absence. If the Code Enforcement Board or Special Master finds a violation exists, a maximum fine of $1,000.00 per day in the case of a first violation, a maximum fine of $5,000.00 per day for a repeat violation and a maximum fine of $15,000.00 per violation in the event there is a finding that the violation is of an irreparable or irreversible nature. The Fines may be imposed on a per day basis for each day each violation exists. Costs of prosecution and/or repairs may also be assessed against you for any violation. SERVED BY CERT. MAIL PERSONAL SERVICE I ,HEREBY acknowledge I have received, read, and understand this notice of violation. i_,Le and Title of Recipient Print DATED THIS1-Z_DAY OF , 2007 REF: CASE NO.2007080353 A r Y AFFIDAVIT OF SERVICE`'s Respondent(s): Jean Claude Martel CEB Case No. 3190 Karen DR Naples, FL 34112 Code Case No. 2007080353 ®Notice of Violation ❑Notice of Hearing ❑Notice of Hearing (IOF) ❑Citation ❑Notice to Appear ❑Code Enforcement Board Evidence Packet ❑Other: I, Thomas Keegan, hereby swear and affirm that a true and correct copy of the document(s) referenced above have been provided to the Respondent(s) via: ❑US Mail ❑US Certified Mail (Return Receipt Requested) ❑Posting of Property ®Personal Service / Witnessed by Jeff Letourneau ❑Collier County Courthouse Posting Sworn this 171h day of August 2007. Thomas Ke Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 17"', August, 2007 by Thomas Keegan. Signature of No ublic Print/Type/Stamp Commissioned Name of Notary Public Personally Known Indira Rajah Commission #DD273349 .? Expires: Dec 07, 2007 , 9TF OF Bonded Thru "w", Atlantic Bonding Co., Inc. REV 3-25-05 ORDINANCE NO.04-41 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RECODIFYING THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 91-102, AS AMENDED; PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING THE FOLLOWING: CHAPTER 1- GENERAL PROVISIONS, INCLUDING SEC. 1.01.00 TITLE, SEC. 1.02.00 AUTHORITY, SEC. 1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.00 APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND INTENT, SEC. 1.06.00 RULES OF INTERPRETATION, SEC. 1.07.00 LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINITIONS; CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING SEC. 2.01.00 GENERALLY, SEC. 2.02.00 ESTABLISHMENT OF ZONING DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN ZONING DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC. 2.06.00 AFFORDABLE HOUSING DENSITY BONUS, SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTECTION; SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDANGERED, THREATENED, OR LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTECTION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC: 4.01.00 GENERALLY, SEC. 4.02.00 SITE DESIGN STANDARDS, SEC. 4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS, SEC. 4.05.00 OFF-STREET PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RETENTION, SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5 - SUPPLEMENTAL STANDARDS, -INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES AND STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND STRUCTURES, SEC. 5.05.00 - SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS, INCLUDING AN AMENDMENT TO SEC. 5.06.06 POLITICAL SIGNS; CHAPTER 6 - INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC. 6.01.00 GENERALLY, SEC. 6.02.00 ADEQUATE PUBLIC FACILITIES REQUIREMENTS, SEC. 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8 - DECISION -MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC. 8.02.00 BOARD OF COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION, SEC. 8.04.00 BOARD OF ZONING APPEALS, SEC. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORICIARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. 9,02.00 DEVELOPMENT WITH VESTED RIGHTS, SEC. 9.03.00 NONCONFORMITIES, SEC. 9.04.00 VARIANCES; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION -MAKING PROCEDURES, INCLUDING SEC. 10.01.00 GENERALLY, LY, SEC. 10.02.00 APPLICATION REQUIREMENTS, SEC. 10.03.00 NOTICE REQUIREMENTS, SEC. 10.04.00 REVIEW AND ACTION ON APPLICATIONS FOR DEVELOPMENT ORDERS AND PETITIONS FOR AMENDMENTS TO THE OFFICIAL ZONING MAP, THE LDC, OR THE GNP, SEC. 10.05.00 AMENDMENTS TO DEVELOPMENT ORDERS, SEC. 10.06.00 APPEALS, SEC. 10.07.00 ENFORCEMENT, SEC, 10.08.00 CONDITIONAL USES PROCEDURES, AND APPENDICES A THROUGH H, INCLUDING A NEW APPENDIX "H" OF CROSS-REFERENCES BETWEEN THE LDC AND UDC; SECTION FOUR, REPEALER; SECTION FIVE, CONFLICT AND SEVERABILITY; SECTION SIX, PUBLICATION AS THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SEVEN, EFFECTIVE DATES. COLLIER COUNTY LAND DEVELOPMENT CODE 1.03.02 C. The word "shall' is always mandatory and not discretionary; the word "may" is permissive. D. Words importing the masculine gender shall be construed to include the feminine and neuter. E. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning. F. A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing. The use of the plural number shall be deemed to include any single person or thing. G. Words used in the past or present tense include the future as well as the past or present. H. Unless the context clearly indicates to the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by a conjunction "and," "or," "either ... or," the conjunction shall be interpreted as follows: 1. "And" indicates that all the connected terms, conditions, provisions or events shall apply. 2. "Or" indicates that the connected items, conditions, provisions or events may apply singularly and in any combination. 3. "Either ... or" indicates that the connected items, conditions, provisions or events shall apply singularly, but not in combination. 1.03.03 Determination of Time A. The time within which an act is to be done shall be computed by excluding the first and including the last day; if the last day is a Saturday, Sunday or legal holiday, that day shall be excluded. B. The word "day" shall mean a calendar day. C. The word month shall mean thirty (30) calendar days, unless a calendar month is indicated. D. The word "week" shall be construed to mean seven (7) calendar days. E. The word "year" shall mean 365 calendar days, unless a fiscal year is indicated, or unless a calendar year is indicated. 1.03.04 Delegation of Authority The authority and responsibility for implementation of the provisions of this LDC are assigned to the County Manager or designee. Responsibility for individual provisions, regulations, or sections of the LDC may be designated, delegated, and assigned to other named individuals on an annual basis by the County Manager. 1.04.00 APPLICABILITY 1.04.01 Generally A. The provisions of this LDC shall apply to all land, property and development in the total unincorporated area of Collier County except as expressly and specifically provided otherwise in this LDC. No development shall be undertaken without prior authorization pursuant to this LDC. LDC1:4 GENERAL PROVISIONS 1.04.01 A. 1.04.04 A. Specifically, no building, structure, land or water shall hereafter be developed, or occupied, and no building, structure, or part thereof shall be erected, reconstructed, moved, located, or structurally altered except in conformity with the regulations set forth herein and for the zoning district in which it is located. B. The regulations established in this LDC and within each zoning district shall be minimum or maximum limitations, as the case may be, and shall apply uniformly to each class or kind of structure, use, land or water, except where specific provision is made in this LDC. C. This LDC shall apply to all division of land and all subdivisions in the total unincorporated area of Collier County, except to the extent as expressly provided herein. It shall be unlawful for any person to create a subdivision of, or to subdivide, or to otherwise divide, any land in the total unincorporated area of Collier County, except in strict conformance with the provisions of this LDC and any applicable provisions of the Collier County Growth Management Plan (GMP). 1.04.02 Applicability to Previously Established Time Limits A. Any time limits on any development orders approved prior to the adoption of this LDC shall continue to run and shall not be enlarged, expanded or stayed by the adoption of this LDC. B. This subsection shall not apply to final subdivision plats approved prior to February 17, 1976. C. Any time limits on any nonconforming signs shall continue to run and shall not be enlarged, expanded or stayed by the adoption of this LDC. 1.04.03 Exceptions A. Previously issued building permits. The provisions of this LDC and any amendments hereto shall not affect the validity of any lawfully issued and effective building permit issued prior to the effective date of this LDC if: 1. The development activity authorized by the permit has commenced prior to the effective date of this LDC or any amendment hereto, or will commence after the effective date of this LDC but prior to the permit's expiration or termination; and 2. The development activity continues without interruption in good faith until development is complete. If the building permit expires, any further development shall be in conformance with the requirements of this LDC or any amendment hereto. B. Certain previously approved development orders. The provisions of this LDC shall not affect the types, densities and intensities of land uses or the yard or landscape buffer width requirements of any (1) final subdivision plat and final improvement plan, (2) final site development plan, or (3) phased site development plan that has been approved for at least one final site development plan, provided each such development order was lawfully issued prior to the effective date of this LDC and remains effective according to the time limits and provisions established by this LDC. 1.04.04 Reduction of Required Site Design Requirements A. No part of a required yard, required open space, required off-street parking space, or required off-street loading space, provided in connection with one building, structure, or use shall be included as meeting the requirements for any other, structure, or use, except where specific provision is made in this LDC. ZONING DISTRICTS AND USES 2.01.03 G. 2.02.01 C. which they are located, or as may be required on an approved site development plan under section 10.02.03. In addition, the structures shall conform insofar as possible to the character of the district in which they are located as to development standards, as well as architecture and landscap- ing, with utilization of screening and buffering to ensure compatible with the surrounding and nearby existing and future uses. b. Within the RFMU district sending lands, NRPAs, Conservation Districts, and the RLSA HSAs and FSAs, structures supporting the conditional use shall be located so as to minimize any impacts on native vegetation and on wildlife and wildlife habitat. C. Essential services shall not be deemed to include the erection of struc- tures for commercial activities such as sales or the collection of bills in districts from which such activities would otherwise be barred. Unstaffed billing services, which are accessory uses to the normal operations of the essential service, may be permitted. (Ord. No. 04-72, § 3.C; Ord. No. 06-07, § 3.D) 2.01.04 Polling Places Any residential development or subdivision which will have a clubhouse, community recreation/public building/public room or similar common facility, shall be required to provide polling places in said community recreation/public building/public room if a polling place is determined to be necessary by the supervisor of elections. access to the polling place shall be provided to all individuals arriving to vote or work at the polling place during official voting hours, including the time required to establish the polling place, tabulate and post the voting results. 2.02.00 ESTABLISHMENT OF ZONING DISTRICTS 2.02.01 Establishment of Official Zoning Atlas A. The location and boundaries of the zoning districts established in this LDC shall be set forth and shown on the Official Zoning Atlas of Collier County, which is incorporated by reference into this LDC as if fully described and set forth herein. The district symbol or symbols as set forth in this LDC shall be used to designate each district on the Official Zoning Atlas. B. Each page of the Official Zoning Atlas shall be identified by the signature of the chairman of the BCC and attested by the clerk of the circuit court, and shall bear the seal of Collier County under the following words: "This is to certify that this is page of the Official Zoning Atlas referred to and adopted by reference by Ordinance No. of the County of Collier, Florida, adopted , 20 " C. A copy of the Official Zoning Atlas shall be located at all times for inspection by the general public during regular business hours in the Office of the County Manager or his designee and the clerk to the BCC. n ZONING DISTRICTS AND USES 2.02.02 F. Regardless of the existence of purported copies of the Official Zoning Atlas or other parts of this LDC, which from time to time may be made or published, the Official Zoning Atlas located in the office of the clerk shall be the final authority as to the current zoning of all land and water in unincorporated Collier County; and the LDC located in the office of the clerk to the BCC shall be the final authority as to the various zoning districts and regulations herein established. G. If the Official Zoning Atlas, or any page or portion thereof, becomes damaged, lost, destroyed, or difficult to interpret by reason of the nature or number of changes, the BCC may, by ordinance, adopt a new Official Zoning Atlas, or any page or pages thereof, which shall supersede the prior Official Zoning Atlas or page or pages thereof. The new Official Zoning Atlas, or page or pages thereof, may correct drafting or other errors or omissions in the prior Official Zoning Atlas, or page or pages thereof, but no such correction shall have the effect of amending the original Official Zoning Atlas, or page or pages thereof. 1. If, in the process of adopting a replacement Official Zoning Atlas, or any page or pages thereof, district boundaries are changed or altered, then action in regard to such change of district boundaries shall be taken only in the form of an amendment to this LDC. 2. The Official Zoning Atlas, or portion thereof, shall be authenticated as the original, with wording to the following effect: This is to certify that this Official Zoning Atlas (or page or pages thereof) by Ordinance No. dated , 20 , replaced the Official Zoning Atlas (or page or pages thereof) adopted , 20 , as part of Ordinance No. of the County of Collier, Florida." 3. Unless the prior Official Zoning Atlas has been lost, or has been totally destroyed, the prior Official Zoning Atlas or any significant parts thereof remaining shall be preserved as a public record, together with all available records pertaining to its adoption or amendment. H. All zoning maps or atlases, or remaining portions thereof, which have had the force and effect of official zoning maps or atlases for Collier County prior to the effective date of adoption of this zoning code shall be retained as a public record as a guide to the zoning status of lands and waters prior to such date. Upon the date of.adoption of this zoning code, the immediately prior official zoning atlas of that date shall be microfilmed and such filmed record retained permanently in a place separate from the original prior official zoning atlas. 2.02.02 District Nomenclature A. Where the phrases "agricultural districts," "zoned agricultural," "agriculturally zoned," "agricultural zoning," "rural zoning" or phraseology of similar intent, are used in this LDC, the phrases shall be construed to include: A and E. B. Where the phrases "all residential districts, residential districts," "zoned residentially," "residentially zoned," or phraseology of similar intent are used in this LDC, the phrases shall be construed to include the following districts: RSF-1, RSF-2, RSF-3, RSF-4, RSF-5, RSF-6, RMF-6, RMF-12, RMF-16, RT, VR, and MH, and residential components in PUDs. C. Where the phrases "commercial districts," "zoned commercially," "commercially zoned," "commercial zoning," or phraseology of similar intent, are used in this LDC, the phrases shall be constructed to include: C-1, C-2, C-3, C-4, C-5, TTRVC, and commercial components in PUDs. LDC2:9 , COLLIER COUNTY LAND DEVELOPMENT CODE D. Where the phrases "industrial districts," "zoned industrially," "industrially zoned," "industrial zoning," or phraseology of similar intent, are used in this LDC, the phrases shall be construed to include: I and industrial components in PUDs. 2.02.03 Prohibited Uses Any use or structure not specifically identified in a zoning district as a permitted use, conditional use, or accessory use shall be prohibited in such zoning district. 2.02.04 Continuation of Provisional Uses Any provisional use, including all stipulations and requirements thereto, approved by the BCC prior to the effective date of this LDC and valid and effective immediately prior to the effective date of this LDC shall be treated under this LDC as follows: A. If such provisional use is provided for as a conditional use in the zoning district in which it is located under this LDC, then it shall be permitted as a conditional use under this LDC. B. If such provisional use is not provided for as a conditional use or permitted use in the zoning district in which it is located under this LDC, then it shall be a legal nonconforming use under this LDC. 2.03.00 ZONING DISTRICTS In order to cant' out and implement the Collier County GMP and the purposes of this LDC, the following zoning districts, district purposes, and applicable symbols are hereby established: 2.03.01 Residential Zoning Districts A. Rural Agricultural District "A". The purpose and intent of the rural agricultural district "A" is to provide lands for agricultural, pastoral, and rural land uses by accommodating traditional agricultural, agricultural related activities and facilities, support facilities related to agricultural needs, and conservation uses. Uses that are generally considered compatible to agricultural uses that would not endanger or damage the agricultural, environmental, potable water, or wildlife resources of the County are permissible as conditional uses in the A district. The A district corresponds to and implements the a land use designation on the future land use map of the Collier County GMP, and in some instances, may occur in the designated urban area. The maximum density permissible in the rural agricultural district within the urban mixed use district shall be guided, in part, by the density rating system contained in the future land use element of the GMP. The maximum density permissible or permitted in the A district shall not exceed the density permissible under the density rating system. The maximum density permissible in the A district within the agricultural/rural district of the future land use element of the Collier County GMP shall be consistent with and not exceed the density permissible or permitted under the agricultural/rural district of the future land use element. B. Estate District "E". The purpose and intent of the estates district "E" is to provide lands for low density residential development in a semi -rural to rural environment, with limited agricultural activities. In addition to low density residential development with limited agricultural activities, the E district is also designed to accommodate as conditional uses, development that provides services for and is compatible with the low density residential, semi -rural, and rural character of the E district. The E district corresponds to and implements the estate land use designation on the future land use map of the Collier County GMP, although, in limited instances, it may occur outside of the estates land use LDC2:10 0 COLLIER COUNTY LAND DEVELOPMENT CODE G. Residential Tourist District "RT". The purpose and intent of the residential tourist district "RT" is to provide lands for tourist accommodations and support facilities, and multiple -family uses. The RT district corresponds with and implements the urban mixed use district and the activity center district in the urban designated area on the future land use map of the Collier County GMP. H. Village Residential District "VR". The purpose and intent of the village residential district "VR" is to provide lands where a mixture of residential uses may exist. Additionally, uses are located and designed to maintain a village residential character which is generally low profile, with relatively small building footprints as is the current appearance of Goodland and Copeland. The VR district corresponds to and implements the mixed residential land use designation on the Immokalee future land use map of the Collier County GMP. It is intended for application in those urban areas outside of the coastal urban area designated on the future land use map of the Collier County GMP, though there is some existing VR zoning in the coastal urban area. The maximum density permissible in the VR district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the VR district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element, or as designated on the Immokalee future land use map of the GMP. I. Mobile home District "MH". The purpose and intent of the mobile home district "MH" is to provide lands for mobile homes and modular built homes as defined in this Land Development LDC, that ensure that they are consistent and compatible with surrounding land uses. The MH district corresponds to and implements the urban mixed -use land use designation on the future land -use map of the Collier County GMP. The maximum density permissible in the MH district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the MH district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element, or as identified in the Immokalee future land use map of the GMP. J. Prohibited animals in residential districts. The following animals are to be considered farm animals and are not permitted to be kept in residential districts except as provided for in zoning district regulations: turkeys, chickens, ducks, geese, pigs, horses, cows, goats, hogs, and the like. 2.03.02 Commercial Zoning Districts A. Commercial Professional and General Office District "C-1 ". The purpose and intent of the commercial professional and general office district C-1 is intended to allow a concentration of office type buildings and land uses that are most compatible with, and located near, residential areas. Most C-1 commercial, professional, and general office districts are contiguous to, or when within a PUD, will be placed in close proximity to residential areas, and, therefore, serve as a transitional zoning district between residential areas and higher intensity commercial zoning districts. The types of office uses permitted are those that do not have high traffic volumes throughout the day, which extend into the evening hours. They will have morning and evening short-term peak conditions. The market support .-. for these office uses should be those with a localized basis of market support as opposed to office functions requiring inter -jurisdictional and regional market support. Because office functions have significant employment characteristics, which are compounded when aggregations occur, certain personal service uses shall be permitted, to provide a convenience to office -based employment. Such LDC2:14 DECISION -MAKING AND ADMINISTRATIVE BODIES vice-chairman shall preside in the absence of the chairman. The chairman and vice-chairman may be reelected for an additional one (1) year term each, but may not serve for more than two (2) consecutive years. E. Removal. Prior to the expiration of his or her term, a member of the Preservation Board may be removed from office by a majority vote of the BCC. A member of the Preservation Board shall, be automatically removed if he is absent from two (2) consecutive meetings without a satisfactory excuse or, in the alternative, if he is absent from more than one-fourth of the meetings in a given fiscal year, provided that the Preservation Board has met at least eight (8) times in the given fiscal year. Members shall be deemed absent from a meeting when they are not present during at least seventy-five (75) percent of the meeting. F. Vacancy. The BCC shall fill the vacancy by appointment. 8.07.04 Compensation Members of the Preservation Board shall serve without compensation. 8.07.05 Meetings A. The Preservation Board shall meet at least once per month, at a date and time to be decided by the Preservation Board, unless there is no business pending before the Preservation Board. Regardless �. of the lack of pending business, the Preservation Board shall meet at least four (4) times during any calendar year. B. All meetings of the Preservation Board shall be open to the public. C. A public record of the Preservation Board's minutes and resolutions shall be maintained and made available for inspection by the public. D. The Preservation Board's meeting agenda shall be published the Sunday prior to the scheduled meeting in a newspaper of general paid circulation in the County and of general interest and readership in the community. The ad may be placed where other legal notices appear. 8.08.00 CODE ENFORCEMENT BOARD A. General. The provisions of this Code shall be enforced by (1) the Collier County Code Enforcement Board pursuant to the authority granted by F.S. § 162.01 et seq., (2) by the board of county commissioners through its authority to enjoin and restrain any person violating the Code, or (3) by Collier County through the prosecution of violations in the name of the State of Florida pursuant to the authority granted by F.S. § 125.69. The county manager shall have the right to inspect those lands, waters, or structures affected by this Code and to issue citations for violations. 1. The term "county manager" as used in this Code shall mean the county manager or his designee. B. Violation. Whenever, by the provisions of this Code, the performance of any act is required, or the performance of any act is prohibited, or whenever any regulation or limitation is imposed on the use or development of any land or water, or on the erection of a structure, a failure to comply with such provisions shall constitute a violation of this Code. LDC8:15 %% COLLIER COUNTY LAND DEVELOPMENT CODE 9.02.10 C.S. 9 03 01 C. f. Whether and to what degree any such diminution of property values has promoted the public health, safety, morals, aesthetics, or general welfare, and was consistent with the county's comprehensive plan; and g. To what extent the public would gain from the intended or challenged development or use compared to any resulting hardship upon the claimant alone. 6. Any relief to be provided a claimant will be limited to the minimum necessary to provide a reasonable, beneficial use of the subject property and may be in the form of alternative uses of additional development intensity which may be severed and transferred, or other such non -monetary relief as is deemed appropriate by the board of county commissioners. Any relief granted will be presumed abandoned and expire if not utilized for its proper purpose within one year from the date it was granted. Subsequent applications under this section may review the expired decision for possible reinstatement, with or without modification as deemed necessary under then existing conditions. D. Appeal of takings claim. Any claimant aggrieved by the final decision of the board of county commissioners may seek judicial review of the board's decision by timely filing an action in a court of competent jurisdiction. (Ord. No. 04-72, § 3.X) 9.03.00 NONCONFORMITIES 9.03.01 Generally A. Intent. Within the zoning districts established by the LDC or amendments that may later be adopted, there may exist lots, structures, uses of land, water and structures, and characteristics of use which were lawful before the LDC was adopted or amended, but which would be prohibited, regulated, or restricted under the terms of LDC or future amendments. It is the intent of this section to permit these nonconformities to continue until they are voluntarily renovated or removed as required by the LDC, but not to encourage their survival. It is further.the intent of the LDC that the nonconformities shall not be enlarged upon, expanded, intensified, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. B. Declaration. Nonconforming uses are declared by this section to be incompatible with permitted uses in the districts involved. A nonconforming use of a structure, a nonconforming use of land or water, or a nonconforming use of structure, land or water in combination shall not be extended or enlarged after the effective date of the LDC or relevant amendment thereto by attachment on a structure or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved, except as provided for within section 9.03.03 B.4. C. Vested projects. To avoid undue hardship, nothing in the LDC shall be deemed to require a change in the plans, construction, or designated use of a building or property on which a building permit had been applied for prior to the effective date of adoption of relevant amendment of the LDC. In addition, nothing in the LDC shall be deemed to require a change in the plans, construction, or designated use of any property for which a development plan was lawfully required and approved prior to the effective date of adoption of relevant amendment of the LDC, provided that such plan shall expire two (2) years from the date of said approval, or one (1) year from the date of adoption of the LDC, whichever shall first occur, if no actual construction has been commenced; and thereafter, all Supp. No. 1 LDC9:4.8 /S VARIATIONS FROM CODE REQUIREMENTS 9.03.01 C. 9.03.02 A. development shall be in accordance with the zoning regulations then in effect. Any such approved plat or plan may be amended by approval of the BCC, provided the degree of nonconformity with the LDC shall not be increased. D. Casual, temporary, or illegal use. The casual, temporary, or illegal use of land or structures, or land and structures in combination, shall not be sufficient to establish the existence of a nonconforming use or to create rights in the continuance of such use. 'E. Uses under conditional use provisions not nonconforming uses. All uses lawfully existing on the effective date of the LDC or any subsequent amendment to this Code, which are permitted as a conditional use in a district under the terms of the LDC or any subsequent amendment to this Code, shall not be deemed a nonconforming use in such district, but shall without further action be deemed to have a conditional use permit. F. Change to conforming use requires future conformity with district regulations. Where a structure, or structure and premises in combination, in or on which ' a nonconforming use is replaced by a permitted use shall thereafter conform to the regulations for the district in which the structure is located, and [sic] the nonconforming use shall not thereafter be resumed nor shall any other nonconforming use be permitted. G. Nonconformities not involving the use of a principal structure. Nonconformities not involving the use of a principal structure, including, but not limited to, open storage, building supplies, vehicles, mobile homes, trailers, equipment and machinery storage, junkyard, commercial animal yards and the like, shall be discontinued within one (1) year of the effective date of the LDC or relevant amendment of the. LDC. H. Safety of nonconformities. 1. If a nonconforming structure or portion of a structure, or any structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs or maintenance, and is declared by the duly authorized official of Collier County to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located. 2. If a nonconforming structure or portion of a structure, or any structure containing a nonconforming use, becomes physically unsafe or unlawful for reasons other this lack of repairs or maintenance, nothing contained herein shall be deemed to prevent the strength- ening or restoring to a safe condition of such building or part thereof declared to be unsafe by the authorized official of Collier County charged with the public safety; provided, however, that where such unsafeness or unlawfulness is the result of damage from destruction, the percentage of damage limitations set out in section 9.03.02 F.3., as the case may be, shall apply. (Ord. No. 04-72, § 3.` ) 9.03.02 Requirements for Continuation of Nonconformities �., Where, at the effective date of adoption or relevant amendment of the LDC, lawful use of lands or waters exists which would not be permitted under the LDC, the use may be continued, so long as it remains otherwise lawful, provided: A. Enlargement, increase, intensification, alteration. No such nonconforming use shall be enlarged, intensified, increased, or extended to occupy a greater area of land, structure, or Supp. No. 1 LDC9:4.9 APPLICATION, REVIEW, AND DECISION -MAKING PROCEDURES 10.02 00 10.02.01 A.1. 10.02.00 APPLICATION REQUIREMENTS 10.02.01 Pre -Application Conference Required A. Subdivision review procedures. 1. Preapplication conference. Prior to formal filing of a preliminary or final subdivision plat, an applicant shall confer with the County Manager or his designee to obtain information and guidance. The purpose of such a conference is to permit the applicant and the County Manager or his designee to review informally a proposed development and determine the most efficient method of development review before substantial commitments of time and money are made in the preparation and submission of the preliminary subdivision plat, improvement plans, final subdivision plat, and related documents. a. Preapplication. A written preapplication shall be submitted to the County Manager or his designee at any time prior to the review of a proposed preliminary or final subdivision plat. The written application shall contain the following: i. Written statement. Ten copies, unless otherwise specified by the County Manager or his designee, of a written statement generally describing the condition of the property and the proposed development of the entire subdivision. This statement shall include but is not necessarily limited to data on existing covenants or restrictions, location of utility facilities and public facilities, general soil characteristics, and other information describing the subdivision proposed, such as number of parcels, lots, or tracts; typical lot or other parcel configuration; water retention areas; public areas; anticipated utility sources; zoning classifications; and any other information needed for preparation and review of the preliminary subdivision plat. ii. Plan. Ten copies, unless otherwise specified by the County Manager or his designee, of a plan. including the following: a location plan showing the location of the land to be subdivided; approximate acreage; natural features such as native habitat identified by vegetative cover and depicted in aerial imagery; low or swampy areas; water bodies, streams, lakes, canals or the like; identification of adjacent lands; a brief description of the land to be subdivided; name, telephone number and address of owner and developer and its representatives; date; north point; street; general lot and block layout; layout of all adjoining streets; zoning classification of the property proposed for subdivision and adjacent properties; location of existing improvements; and any other significant features. iii. Aerial photograph with overlay. Current aerial photograph of not less than one to 200 scale, with clear film overlay with proposed subdivision configuration superimposed upon it. In the rural, less populated areas of the county, a minimum scale of one to 400 will be acceptable, upon request to the development service director, if the one to 200 scale is not readily available. b. Issues of discussion. Issues that shall be discussed at the preapplication conference shall include but are not limited to the following: I. Proposed development. The applicant should describe the general nature of the proposed development, including, if applicable, proposed land uses /.5 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.05 EA. 10 02 06 A 2. a. Projects approved with an implementation timeline in excess of 18 months must be completed as a phased development as identified below. Project Implementa- tion Timeline # of Phases Phase Timelines 18 months 1 18 months 30 months 2 18 months —First Phase 30 months —Second Phase 42 months 3 18 months —First Phase 30 months —Second Phase 42 months —Third Phase 54 months 4 18 months —First Phase 30 months —Second Phase 42 months —Third Phase 54 months —Fourth Phase b. Building permits must be obtained for each unit when relocated and replaced within an approved park, otherwise the code enforcement action will proceed except as otherwise provided pursuant to section 10.02.05 F.2.e. (Ord. No. 04-72, § 3.1313) 10.02.06 Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or develop- ment, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any Supp. No. 1 LDC10:82.2 0 APPLICATION, REVIEW, AND DECISION -MAKING PROCEDURES 10 02.06 A.2. 10.02.06 B.1. n public facility below the level of service established in the Collier County growth manage- ment plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For pur- poses of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application forbuilding or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be Supp. No. 2 LDC10:85 17 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.06 B.1. 10.02.06 B.1. required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. C. Construction and use to be as provided in applications, status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. I. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certifi- cate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on -site or to permit construction of an approved water management system, to minimize stockpiles and hauling off -site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). Supp. No. 2 LDC10:86 �X APPLICATION, REVIEW, AND DECISION -MAKING PROCEDURES 10 02 06 B.1. 10.02.06 8.2. f. Zoning and land use approval required prior to or simultaneously with issuance of building or land alteration permit or occupancy of land and space. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the Land development Code, shall be required prior to obtaining a building or land alteration permit or to occupying any space of land or buildings or for the conduct of a business in all zoning districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. For the purposes of determining compliance with the zoning provisions of the Land Development Code, an approval of a site development plan pursuant to section 10.02.03 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement'of compliance with all applicable provisions of the Land Development Code, including the uses of the building space upon which applicable off-street parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the Land Development Code. ii. In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any approval conferred upon the building and the land pursuant to section 10.02.03 and of a zoning certificate issued for the building and the land, shall be required. III. A zoning certificate shall be required for any use of land or buildings located in residential zoning districts, which involve the conduct of a commercial or other nonresidentially allowed uses of land or buildings. 2. Building Permit applications for signs. a. General. Any person wishing_to erect, place, rebuild, reconstruct, relocate, alter, or change the sign copy (see section 5.06.04 for exceptions) of any sign shall apply for and receive a building permit in accordance with Resolution No. 91-6.42, prior to the commencement of any work. A building permit will be issued by the community development services administrator, or his designee, provided that all permit requirements of the Code and all other applicable provisions of Collier County's ordinances and regulations have been met. b. Permit fees. A building permit fee shall be collected pursuant to the fee schedule set forth by resolution. C. Form. Every application for a building permit shall be in writing upon forms to be furnished by the County Manager or his designee, or his designee. d. Application contents. In order to obtain a permit to erect, place, rebuild, reconstruct, relocate, alter or change the sign copy of any sign under the provision of this Code, an applicant shall submit to the building official a building permit application which shall set forth in writing a complete description of the proposed sign including: i. The name, address and telephone number of the: (a) owner and lessee of the sign and (b) sign contractor or erector of the sign. Supp. No. 2 LDC10:87 // ■. I' EC raco 00902205 1984NOV -2 PH 1:51 WAI1RAtrrr DECD DO� COLLIER COUNTY aAMC. FORM at tr.mvto. ro reowto INT __, RECORDED This Warranty deed 1,►nde file 1st day of March A. 1). 14) 84 by Maurice H. and Fayetta L. Haymaker, Husband and Wife CD hereinafter called the arnrllor, to O Jean Claude Martel O) urllose postoffice address is 3190 Karen Drive; Naples Florida 339di2. hereinafter called the granter: (I%--- ..rd henna the Iran. '.rant-^ nd '.ra.trC' I.de A the putin t. thi. isur—t .nd the k h% W.1 tet—tati.n and ..in. W indirvltWah. .nd th, wrre.nnr .d n. W .f 'iaa.) 710.00) V�tnesseth: Thai dip flronlar, for and in consideration of the sum of S Ten Dollasgl other valuable considerations, rerelpt whereof Is hereby acknowledpnd, hereby grnals, bargains, sells, aliens, re- mises, releases, conveys and confirms unto the grantee, all that certain landsituote in Collier County, Florida, rrde: Lot #16 of an unrecorded Plat. Commencing at the Northeast corner of Lot 100 Naples Grove and Truck Co's Little Farms No. 2, according to plat in Plat Book 1. Page 27, Public Records of Collier County, Florida, thence N 890261.40" w 42o feet to the`Point of Beginning; thence S 00009'00" W 139.0 feet; thence S 89026'40" E.60.0 feet: thence N 0109'00" B 139.0 feet: thence N 89026140""v 60.0 feet to point of beginning. Lot 100 of N.G..&T. Co Little Farms No 2 Subd. and Lot 100 of Naples Grove and trucking Company's Little Farms No. 2 Section 23,.Township 50 South Range 25 East, as in Plat Book 1, Page 27, Public Records of Collier Co {-d3Wrka-"r - ne and the same. �v. Together it all a her wise appertaining. To Have a d t t find the gra for ► all cove and'.), In fee simple: Ilia the at has o rig)nt grantor hereby f u! urn, I I i all persons tond I tat said an is to December 31, 19 f� In Witness Uphereof, lbe nlbr firs( above writlen. S ed, itand deli- red in our pr Bence: ....._...—CL ...?.... ........ STATE OF FLCRIDA COUNTY 01COLUER and apntnn\nhs thereto belonging or in any- Ir !► 1 1V ra for i lawfully scixd of sold land nut "It to s l[ an rnmrey said land: that the unfit t en thetnt6 apatnst tfre lawful claims of Q ancu ronc h pt tales accruing subsequent -0 . Cl� and scaled 1►tcsa presents the day and year '�. -r/I�/�/J.., ram• i-r�,cuio.u�ftGfl_---.-----_-.� 1 srAa snow nos steoaoras use I I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take aekaowkdgmenu, personally appeared �� ' Maurice H. �ayEtaker and Fayetta L. Haymaker ReCCived $ d0 Do-vmentary Stamp Tax to tine ' known to be 'the person described in and who executed the Cv!' icr Crunty, Florida foregoing. instrument and they acknowledged before me that Wi , _, 7 i P, ` on, Cier'Q k C defined the same. t y v�� DX WITNESS my hand and. g(ricial will in the County and State last aforesaid this 1St[t day of -n March , A. D. 19 81 au LL 71hif Inonimall preparrd IV: Faye tta L. HiWaltitaM tI.IC CTATE OF FLORIDA ,lddirw 1799L Beachwood Ave. MY COMOSS.07: EYPIRES JU14E 1 1987 scNDFo fHau aiiEJs.L Ir1Su"Ia LeD Fort Myers, Florida pRt��r: �•=i�r:r. nr 1 Llrt of Glrcrl G /J L 353 K A R E N D R I V E LOT/ 39. A.K.A. PARCEL/ 100.013. A.K.A. 31W —EN DR. NAPLES. FLA. —11 K'� Exli EN0.D9E0 AoanaN GARAGE E xIT 10' GARAGE E- ml EAT OPEry CAR PORT aPd AKA r /IA—, S\ EAT dDl OCTACHED ARG S m Ea 1 { N C PC CDPR0002 - Image Print CD -Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2007080353 side of unpermitted enclosed addition IMAGE DATE 8/13/2007 Collier County Printed on 1/17/2008 7:38:22 AM CD -Plus for Windows 95/98/NT Page 1 CDPR0002 - Image Print CD -Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2007080353 unpermiited 41.3 * 28.5' encloded addition IMAGE DATE 8/13/2007 Collier County Printed on 1/17/2008 7:38:12 AM CD -Plus for Windows 95/98/NT Page 1 CDPR0002 - Image Print CD -Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2007080353 front of unpermitted aluminum shed 0/1J/GUU/ Collier County Printed on 1/17/2008 7:37:57 AM CD -Plus for Windows 95/98/NT Page 1 --�Ra?4. CDPR0002 - Image Print CD -Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2007080353 rear of unpermitted aluminum shed IMAGE DATE 8/13/2007 Collier County Printed on 1/17/2008 7:37:45 AM CD -Plus for Windows 95/98/NT Page 1 CDPR0002 - Image Print U CD -Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2007080353 side of unpermiited open carport IMAGE DATE 8/13/2007 Collier County Printed on 1/17/2008 7:37:35 AM CD -Plus for Windows 95/98/NT Page 1 � c. CDPR0002 - Image Print T CD -Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2007080353 original 12'*36' single wide mobile home with unpermiited extensions IMAGE DATE 8/13/2007 Collier County Printed on 1/17/2008 7:37:27 AM CD -Plus for Windows 95/98/NT Page 1 CDPR0002 - Image Print CD -Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2007080353 unpermitted enclosed addition to mobile home IMAGE DATE 8/13/2007 Collier County Printed on 1/17/2008 7:37:16 AM CD -Plus for Windows 95/98/NT Page 1 I �. CDPR0002 - Image Print CD -Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2007080353 unpermitted open carport IMAGE DATE 8/13/2007 0 Collier County Printed on 1/17/2008 7:37:04 AM CD -Plus for Windows 95/98/NT Page 1 / 1116/ r 6 c�s� 1 inch equals 25 feet 0 10 20 a0 86595 Feet got "r.4 ' "k � f i At CCorenty 20? -lo,506 3 A mmmmm�th Ave N 957H AVE N 2007 been p ovi and Parcels have been provided by The Collier W _� t County Property Appraiser S I CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. JEAN CLAUDE MARTEL, Respondent CEB NO. 2007080353 FI_NDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on January 24, 2008, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: FINDINGS OF FACT That Jean Claude Martel is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, appeared at the public hearing. That the Respondent was notified of the date of hearing by certified mail and by personal service. 4. That the real property located at 3190 Karen Drive, Naples, Florida, Folio No. 61839320000, more particularly described as (see attached legal) is in violation of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 1.04.00, sub. sec. 104.01, par's A and B; section 2.02.00, sub. sec. 2.02.02, par. B, sub. sec.2.02.03; section 2.03.00, sub. sec. 2.03.01, par. H, Village Residential District, section 8.08.00, par. B; section 9.03.00, sub. sec. 9.03.01, par. D; and section 10.02.00, sub. sec. 10.02.06, par's B-la through and including f, in the following particulars: Unpermitted development and use of "VR" zoned property in Collier County ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended , sections 1.04.00, sub. sec. 104.01, par's A and B; section 2.02.00, sub. sec. 2.02.02, par. B, sub. sec.2.02.03; section 2.03.00, sub. sec. 2.03.01, par. H, Village Residential District, section 8.08.00, par. B; section 9.03.00, sub. scc. 9,03.01, par. D; and section 10.02.00, sub. sec. 10.02.06, par's B-la through and including f, be corrected in the following manner: 1. By applying for and obtaining all required Collier County After -the Fact Permits for all additions and non -permitted improvements and executing all issued permits so as to obtain all required inspections through to issuance of a Certificate of Completion within 120 days (May 23 , 2008). 2. In the alternative, by obtaining a Collier County Demolition Permit for removal of all non -allowed, non -permitted additions and improvements and by requesting all inspections through to issuance of a Certificate of Completion so as to restore all premises to a state of compliance within 120 days (May 23, 2008). 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by May 23, 2008, then there will be a fine of $200 per day for each day for each day the violation remains. 4. That if, in the alternative, the Respondent does not comply with paragraph 2 of the Order of the Board by May 23, 2008, then there will be a fine of $200 per day for each day the violation remains. 5. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 6. That the Respondent is are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $265.34 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 30 day of , 2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: -A& - Sheri Barnett, Chair 2800 North Horseshoe Drive STATE OF FLORIDA Naples, Florida 34104 ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this � day .+ l , 2008, by Sheri Barnett, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or ,.-'-who has produced a Florida Driver's License as identification. tM� ••°Yy KRISTINE HOLTON NOTARY PUBLIC := MY COMMISSION # DD 686595 My commission expires: EXPIRES: June 18, 2011 Bonded Uru Notary Public Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Jean Claude Martel, 3190 Karen Drive, Naples, FL 34112 this __—& 1'-\day of _c,-� , 2008. Wl e O� ; ,-r r i 4 A M. Jg4a Rawson, Esq. R t� Florida Bar No. 750311 O`J'� of ",t.' Attorney for the Code Enforcement Board .� q, : , ;+ i.yfs oCtt�' 400 Fifth Avenue S., Ste, 300 Naples, Florida 34102 ` �� (239) 263-8206 NIGHT E. OF COURTS. El i,Ec ram 00902205 I984NOV —2 PH 1:51 c ,�'ffi INDIVID. TO INDIVID COLLIER COUNTY WARRANTY .m --^ RECORDED R�MCO FORM OT This Warranty Deed A61Ihr 1st rloy ref March 84 by Maurice H. and Fayetta L. Haymaker, Husband and Wife 0 hereinafter called the oraidar, to Jean Claude Martel O O urhose pasioffire addrrss Is 3190 Karen Drive; Naples Florida 33962, heretriafler called file granfee: llw sox rI herein the . A ^menu^ rail wiIt. as Ihr ,a..d In Ih'n 'nurumra old Ihr heirti kul Irprev.usian and aa:rm nl iedir:duaN, .nd IIY .wrraaur .d nairm of rr rinn.) 710.00) llitnesseth: Thai Ihr orartlor, for and in ennsiderafion of Ihr sum of S Ten D011a2r91 other vahtable eonsidrrations, rerelm urherrof is hereby ocLnovrlydgrd, hereby oranls, bargains, sells, aliens, re- mises, releases, conveys and confirms unto file gronlee, all that certain landsifunle in Collier County, Florida, via: Lot #16 of an unrecorded Plat. Commencing at the Northeast corner of Lot 100 Naples Grove and Truck Cola Little Farms No. 2, according to plat in Plat Book 1. Page 27, y Public Records of Collier County, Florida, thence N 89026.1•40" W 420 c feet to the`Point of Beginning; thence S 00009''00" W 139.0 feet; r thence S 89026140" E 60.0 feet: thence N 0009'00" E 139.0 feet: thence N 89026140"IW 60.0 feet to point of beginning. Lot 100 of N.G..&T. Co Little Farms No 2 Subd. and Lot 100 of Naples Grove and trucking Company's Little Farms No. 2 Section 23,.Townahip 50 South Range 25 East, ae 1n Plat Book 1, Page 27, Public Records of Collier Co�( rNH ;O Qne and the same. i i Together wit all c ttmemcr heredilaments and appt enan At thereto belonging or in any- wise appertaining. To Have a d t IV m or end Ilte pea for 1 eh cove anl�lt s i a to 11 t Iro far is lawfully seised of said land in fee simple; ilia Ilia of has oo nptl f u nut Fit to s 4 an�l convey said farad: that the r# grantor hereby full tuar%al�t f i a a will r en flea strRrb apalrtsf Ilia (awful Claims of off persons whoms 1 nd 1 saI sat an is free o f encuriy rranc ,y cE pf lases accruing subsequent I i to December 31. 19 aje t'' In 16Ltness 'Whereof, Ifte a and sealed these presents lite day and year first above wrillen. S ed, sealed and del iv red in our pr sencc: .`.............................._.•3��cc�ct�..'..Fx�c� xtrs-w......... _..� NICE t[lOW 101 tECOtDEtS USE STATE OF Ffl]RIDA COUNTY OIMLLIER I HEREBY CERTIFY that on this day, briore me, an officer duly authorised in the State aforesaid and in the County aforesaid to take acknowledgments, personally apprared Maurice H..H�aymaker and Fayetta L. Haymaker ReCClved 3(o',0,3 Dccvmentary' Stamp Tax ' to me � known to be 'the person described in and who executed the CL:!: icr Cnunty, Florida they a Wi .',. t� J, f > an, Clerk 1 1 . foregoing instrument and t acknowledged before me that �,� cseruted the same. b, r (o. �y p.0 t' WITNESS my hand and gfEjcbl seal in the County and r �`-'��1 l t .SSTL1[11 t State last aforesaid this day of I .t March , A. D. 19 84 ............ This /nartiment re urrd b 'r �` p p y Faye tta L. FiAbTittl�!ldrl IC Si 4TE OF FLORIDA :: "�c�,".r. or I, [I N,t 'r= A'I:TT n! IC ,tddR�r 1799A Beachwood Ave. MY COttA's551p:: FX?II'S TUNE t 1987 'w �� G./ � ICNDFO TMitU CWU AL IPISU;LA1ICE W3 s� Fort Myers, Florida O 0 O f= w cs COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. Audrey Jake Respondent(s) Case No. 2007050199 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Copy of Applicable Ordinance 5 Deed 6-9 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Dept. Case No. 2007050199 Plaintiff, VS. AUDREY JAKE, Respondent NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: January 24, 2008 TIME: 9:00 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: 4797 North Road SERVED: Audrey Jake, Respondent John Marsh, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE -HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:OOAM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. JAKE, AUDREY, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING DEPT CASE NO. 2007050199 Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ord. 04-41 THE Collier County Land Development Code, as amended section(s) 10.02.06(B)(1)(d) 2. Description of Violation: Converted pole barn into living space without Collier County Building Permit 3. Location/address where violation exists: 4797 NORTH RD 4. Name and address of owner/person in charge of violation location: JAKE, AUDREY 5. Date violation first observed: May 7, 2007 6. Date owner/person in charge given Notice of Violation: May 8, 2007 7. Date on/by which violation to be corrected: June 1, 2007 8. Date of re -inspection: September 28, 2007 9. Results of Re -inspection: Violation(s) Remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above -described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 28TH day of SEPTEMBER. 2007 JOHN MARSH STATE OF FLORIDA Code Enforcement Investigator COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before this (Signature of Notary Public) day /1> -` Y of NE � , 2007 by Personally known produced identification Type of identification produced REV 3-3-05 (Print/Type/Stamp Commissioned Name of Notary Public) NOTARY PUBLIC -STATE OF FLORMA Indira Rajah Commission # DD727241 Expires: DEC. 07, 2011 BONDED TSRD ATLANTIC BONDING CO., INC. COLLIER COUNTY CODE ENFORCEMENT '"a"e i,iuinDer Building Permits, Administrative Code & Other Permit Requirements NOTICE OF VIOLATION Respondent J,aAeE / /9 Date: s /. ,u 6 y �8 O% Investigator: � 'ing - s-7 sYoers� ,eo Location: 4J `7 7 &o e7 W , d Unincorporated Collier County Zoning Dist 4na q Sec Legal: Subdivision Z 9 g Folio Z(V y8oS-Zo1vo Violation: Pursuant to Collier County Code Enforcement Board Ordinance 05- 55 and 97-35, as amended, you are notified that a violation(s) of the following codes exist: Ordinance 2003-37 Collier County Right -of -Way Ordinance ❑Section 5 Permits. It shall be unlawful for any Responsible Party to dig, excavate, obstruct, or place any construction or other material, or perform any other work which disturbs the existing structure and/or compaction of soil in any right-of-way maintained by Collier County within the boundaries of any municipal corporation, without first obtaining a permit for such work, etc. (Also found in Section 110, Article II of the Collier County Code of Laws and Ordinances, Section 110-31) Ordinance 0441, as amended, Land Development Code, Sec. 10.02.06(B)(1) u !ding or land alteration permit and certificate of occupancy 10.02.06(B)(1)(a)Zoning action on building permits... no building or tructure shall be erected, moved, added to, altered, utilized or allowed to exist... without first opining the authorization of the required building permit(s), inspections, and certificate(s) of occupancy, etc. 010.02.06(B)(1)(d) Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this land development code or other applicable county regulations. ""e110.02.06(111)(1)(d)(i) In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). Collier County Code of Laws and Ordinances Section 22, Article If 0103.11.1 Unsafe Buildings or Systems. All buildings, structures, electrical, gas, mechanical, or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human like, or which in relation to existing uses, constitutes a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal, etc [:1103.11.2 Physical Safety (pools]. Where pool construction commences prior to occupancy certification of a one or two family dwelling unit on the same property, the fence or enclosure required shall be in place at the time of final building inspection.... Where pool construction is commenced after occupancy certification of a one or two family dwelling unit on the same property. the fence or enclosure required shall be in place prior to filling of the pool unless during the period commencing with filling of the pool and ending with completion of the required fence or enclosure, temporary fencing or an approved substitute shall be in place, etc. ❑104.1.3.5 Prohibited Activities prior to Permit Issuance. A building permit (or other written site specific work authorization such as for excavation, tree removal, well construction, approved site development plan, filling, re - vegetation, etc.) shall have been issued prior to the commencement of work at the site. Activities prohibited prior to permit issuance shall include, but are not limited to, excavation pile driving (excluding test piling), well drilling, formwork, placement of building materials, equipment or accessory structures and disturbance or removal of protected species or habitat, etc. ---tion 106.1.2 Certificate of Occupancy. )6.1.2 Building occupancy. A new building shall not be occupied or a .:hange made in the occupancy, nature or use of a building or part of a building until after the building official has issued a certificate of occupancy, etc. Violation (continued): Ga�fGaCJL G) Phone: 239-4s,. _ Twp Sa Rng Zr Block --- Lot / .3 � OR Book Z6 3y Page Iq 7 Florida Building Code 2004 Edition Section 105.1 Permit Application ❑105.1 When required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. Section 105.7 Placement of Permit 0105.7 The building permit or copy shall be kept on the site of the work until the completion of the project. Section I11.1 Service Utilities 0111.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official. Other Ordinance/Narrative: PD/E 19 AA/ e0,V v se rV A i iylo -iysA�G Quo —,-FeS r er to Correct Violations Must be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for described structure/improvements: OR remove said structure/improvements, including materials from property and restore to a permitted state. ❑Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion. OR demolish described improvements/structure and remove from property. ❑Must effect, or cause, repair and/or rehabilitation of described unsafe building/structure/systems: OR remedy violation by means of permitted demolition of same. violation(s) must be CORRECTED BY: J rJNE Zn07 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. ------------- Respondent's S' ature Date _ 9-i A*-n7 Investigator's Signature Date Notice of Violation Original to File Copy to Respondent Copy for Site Posting Copy for Official Posting Revl2/14/05 Z ■ Complete items 1, 2, and 3. Also complete A. Signature " �4-- _ • - item 4 if Restricted Delivery is desired. I ❑Agent ■ Print your name and address on the reverse X ❑ Address so that we can return the card to you. B. Received by (Printed Name) ■ Attach this card to the back of the mailpiece, or on the front if space permits. �a'`e C. Date of Relive 1. Article Addressed to: D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No JAKE, AUDREY / 4797 NORTH RD NAPLES, FL 34104 4066 2, 3. Se ice Type Case Nb r— 2 0 0 7 0 5 019 9 rtifled Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandi: ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Y� 7006 2150 0005 6162 6924 � /cT : r5 form :Ibl 1, February 2004 Domestic ReturnReceipt f7 i �n ♦ ..._J�_r-r.r_.r.. t ! (") 02595-02-M-1; a ! li tI ! rf ru B 6 ru L 3-. •; Postage $ .D ul Certified Fee r-3 (Endorse e R Required) Postmark Restricted Delivery Fee Here 0 (Endorso---,�--..,__... V') r-3 - Total r1J Sent % JAKE , AUDRE Y 4797 NORTH RD C3Lzareetil NAPLES, FL 34104 4066B,a Case Nbr - 2007050199 APPLICATION, REVIEW, AND DECISION -MAKING PROCEDURES 10.02.06 A.2. 10.02.06 B.1. —, public facility below the level of service established in the Collier County growth manage- ment plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For pur- poses of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be Supp. No. 2 LDC10:85 7 This instrument prepared by and Record & Return To: DUNN TITLE COMPANY 4700 Tamiami Trail N., Ste. 1 Naples, FL 34103 File No.: 99-5803A Parcel ID No.: 26480520100 2580008 OR: 2630 PG: 0397 RICORDaD It 0MCI$L RaCORDS of LOLL -'ER CoDITi, fL 011II/2000 at !?:'.3P!t DYICBT E. 9ROC(, CIM ( RIC rd! 19.50 DOC-. % .70 Reta� D911 TITid PICK up QUITCLAIM DEED This Quit -Claim Deed, executed this S day of JANUARY , 2000, by JARED E. NEWMAN, A SINGLE PERSON AND AUDREY NEWMAN, A SINGLE PERSON, first party, to AUDREY NT LE PERSON, second party, whose address is: 4797 North Road, DQ � Loll (Wherever used here n `t terms "first party" grad "'second art" include all h parties to this instrument a d t 'e p the s� g �entati�r`es,�nd assigns of individuals, �-- and the successors and assign f requires.) "r tions,�where er he context so admits or �-- Witnesseth, That M comer t of the sum of $10.00, in o hand paid by the said sec;I arty, the receipt i+`v��. ere�f is,fie by acknowledged, does hereby remise, release, an"" -claim unto the tso nd�,p�forever, all the right, title, interest, claim and demand a said first party hasi id to the following described .a 0 lot, piece or parcel of land situ and bein `cr of ] Collier, State of Florida, Z viz:, CI ~ a SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF THIS IS HOMESTEAD PROPERTY. THIS IS MADE PURSUANT TO A MARITAL SETTLEMENT AGREEMENT. To Have and to Hold, the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behoof of the second party forever. Page i of 3 FAN OR: 2630 PG: 0398 Quit -Claim Deed Page 2of3 In Witness Whereof, the said first party has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in f,preseilpe of: #1 #Z f. ' Co&"A--' STATE OF: �t4 COUNTY OF: I hereby certify that on this day, before me, an officer duty authorized to administer oaths and take acknowledgments, personally appeared JARED E. NEWMAN known to me to be the person(s) described in and who executed the foregoing instrument, who acknowledged before me that they executed the sam!�2 d an oatp was not taken. Said persons provided the following type of identification: OA 'S LIC Bcis P_ Witness my hand and official seal in day of JANUARY , 2000. My Commission expires: �vfi! � s (SEAL) y and St as this Public Printed Name of Notary OR: 2630 PG: 0399 Quit -Claim Deed Page 3 of 3 STATE OF: I-t0IDA COUNTY OF: f t 4^- hereby certify that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared AUDREY NEWMAN known to me to be the person(s) described in and who executed the foregoing instrument, who acknowledged before me that they executed the sane,and an oa was not taken. Said persons provided the following type of identification e ( &I �s ; C&ts 2 Witness my hand and official seal in th ounty and Stat id this day of JANUARY , 2M. , My Commission expires (SEAL) 61 zL. of Nc Ir *** OR: 2.630 PG: 0400 *** Lot 13, COCONUT CREEK, Unit 2, as recorded in Plat Hook 3, page 4, of the Public Records of Collier County, Florida, LESS the following described parcel: Beginning at the Northwest corner of Lot 13, COCONUT CREEK, Unit 2, as recorded In Plat Book 3, page 4, of the Public Records of Collier County, Florida; thence North 89018'20" East, 181,E < t =8" North line of said Lot 13; thence South 00°41'60" Ess1 2 2 0 e4') a East Ilne of said Lot 13; thence South 89°18'20' West 1 feeparaiJ r North line of said Lot 13, to the Weal line of mid Lot VZN � ' thence North 00 44 40 Wotk—M4P feet along sat \t:t line to the POINT OF BEGINNING. ./ 'C COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. Naples Property Services, Respondent(s) Douglas A. Wood (Registered Agent), Case No. 2007050653 ITEM Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed PAGE(S) 2 3 4-5 6-7 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA., Dept. Case No. 2007050653 Plaintiff, VS. NAPLES PROPERTY SERVICES, LLC DOUGLAS A. WOOD, REGISTERED AGENT Respondent NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: January 24, 2008 TIME: 9:00 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: 865 95th Avenue North SERVED: Naples Property Services, LLC Douglas A. Wood, Registered Agent, Respondent Inv. Ronald Martindale, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE -HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:OOAM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ,*—*N COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner VS. DEPT CASE NO. 2007050653 Naples Property Services LLC, Respondent(s) Douglas A. Wood, Registered Agent STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No.2007-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s 200441 as amended Sec. 10.02.06(B)(1)(a) ,10.02.06(B)(1)(c) 2. Description of Violation: Existing structure with interior and exterior alterations , and improvements without prior Collier County Zoning and Land Development review / approval. 3. Location/address where violation exists:865 95,b Ave N. Naples, Fl 4. Name and address of owner/person in charge of violation location: Douglas A. Wood. Registered Agent 1000 N. Tamiami Trail Naples, Fl. 34102 5. Date violation first observed: 5/21/07 6. Date owner/person in charge given Notice of Violation: 5/24/07 7. Date on/by which violation to be corrected: 8/24/07 8. Date of re -inspection: 10/1/07 9. Results of Reinspection: No permit(s) issued, No work performed. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above -described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 9TH . day of November, 2007 Code Enforcement Inve tigator REV 3-3-05 STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before this 9TH day of NOVEMBER , 2007 by ; lt� 7v'e: � I (Sip6ature of Notary Public) Personally known a r produced identification Type of identification produced (Print/Type/Stamp Commissioned Name of Notary Public) NOTARY PUBLIC e STAIE 0K.A. VmSo Tj Co;Q0n #Dry s. Expires: `TOV 791 AIDTHRUATLMmC BONDUNG CO, 9c, 2- COLLIER COUNT', FLORIDA NOTICE OF VIOLATION AND ORDER TO CORRECT TO: MR-DOUGLAS A WOOD,RESISTERED AGENT FOR NAPLES PROPERTY SERVICES LLC 1000 NORTH TAMIAIvU TRAIL NAPLES, FL 34102 LOCATION OF VIOLATION ( LEGAL AND ADDRESS) WITHIN COLLIER COUNTY ZONING DIST: C-3 SEC.:28 , TWN:48 , RNG 25 SUBD.:NAPLES PARK BLK.# 60 LOT#:14 , OF COLLIER RECORD PROPERTY ID#: 62769000004 OR: , 3134 PAGE: 599 A.K.AJADDRESS 865 95`h AVE N NAPLES, FL Unincorporated Collier County NOTICE PURSUANT TO COLLIER COUNTY CODE ENFORCEMENT BOARD (C E B ) ORD.#05-55 and 97-35 AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING VIOLATION(S) EXISTS. ORD(S) 04-41, as amended, Land Development Code ,SEC: 10.02.06(B)(1) (a) Zoning action on building permits 10.02.06(B)(1)(c) improvement of property prohibited prior to issuance of building permit. DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S): Observed existing structure with interior and exterior alterations, and improvements without prior Collier Co. Zoning and Land Development Review /approval. Without a Collier Co. Building Permit. Also existence of an accessory structure without Collier Co. Permits. INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT INVESTIGATOR: Ronald Martindale 2800 No. Horseshoe Dr. Naples, FL 34104 (239) 403-2445 FAX: (239) 403-2343 Investigator's Signa Cre ? VIOLATION STATUS: X INITIAL _RECURRING _REPEAT ORDER TO CORRECT VIOLATION(S) : YOU ARE DIRECTED BY THIS NOTICE TO TAKE THE FOLLOWING CORRECTIVE ACTION(S): Must request and obtain a scheduled pre -application meeting for review of an "after -the -fact" variance request for alteration(s) and improvements to what was previously noted as " An open structure, located at the front and east side of an existing commercial building", at 865 95`b. Ave. No., Naples, Fla. (See attached correspondence dated Nov. 1,2004, re: (ZLTR-2004-AR- 6721)within 10 working days after receipt of this notice. Must submit a complete and sufficient "after -the -fact' variance request application relative to the above noted variance within 90 days of pre - application meeting. Upon obtaining variance approval, must then obtain all required "after -the - fact' Collier County Buildimg Permits and related inspections, through to issuance of Certificate of Completion within 90 days of receipt of variance approval. Or, in the alternative, must submit a conceptual plan for demolition, removal and rehabilitation of all non allowed , non -permitted structural alterations and improvements at location in question to Collier Co.Planning Services personnel for their review and approval, no later than 10 days after the receipt of this notice. Upon having received conceptual plan approval, must then obtain a Collier Co. Demolition Permit within 30 days of plan approval and must obtain all required inspections through to the issuance of a Certificate of Completion for the removal of all resulting debris, restoring all premises to a state of compliance with all the provisions of Collier Co. "C-3" zoning district regulations and requirements within 60 days after issuance of Demolition Permit PENALTIES MAY BE EWPOSED: Failure to correct the violations on or before the date specified above will result in , 1) the filing of an affidavit of violation with the Collier County Code Enforcement Board, "C.E.B.", charging you with the violation(s) as described on this form. You will/have receive(d) notification that a hearing will be held which you and/or a legal representative may attend. Failure to appear may result in the Board proceeding and making a determination in your absence. If the Code Enforcement Board finds a violation exists, a maximum fine of $250.00 per day in the case of a first violation, a maximum fine of $500.00 per day for a repeat violation and a maximum fine of $5000.00 per violation in the event the "C E B" finds the violation to be of an irreparable or irreversible nature. Fines may be imposed on a per day basis for each day each violation exists. Costs of prosecution and/or repairs may also be assessed against you for any violation, or, 2) the issuance of a Notice to Appear before the Collier County Court where penalties of up to $500 + costs may be imposed, or, 3) the issuance of a citation which you may pay or contest in the Collier County Court where penalties of up to $500 + costs may be imposed. SERVED BY: _POSTED7&ERSONAL SERVICE _ CERT MAIL CERT. MAIL RECEI T # I HEREBY acknowledge I have rec ' ed, read, and understand this ce of vi do ature and Title of Recipient 4e4��l Lr e r- W e r Print DATED THIS I REF: CASE NO.2007050653 APPLICATION, REVIEW, AND DECISION -MAKING PROCEDURES 10.02.06 A.2. 10.02.06 B.I. public facility below the level of service established in the Collier County growth manage- ment plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For pur- poses of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application forbuilding or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be Supp. No. 2 LDC10:85 l� COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.06 8.1. 10.02.06 B.I. required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. C. Construction and use to be as provided in applications, status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certifi- cate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on -site or to permit construction of an approved water management system, to minimize stockpiles and hauling off -site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). Supp. No. 2 LDC10:86 THIS INSTRUMENT PREPARED BY: Ronald L. Stotler, Esq. Garlick, Stotler S Peeples, LLP 5551 Ridgewood Drive, Suite 101 Naples, FL 3410E Parcel ID Number: 62770040008, 62769000004 Warranty Deed *" 3558604 OR: 3734 PG: 0599 tl* RICOIDID ill OPPICIn ucous of COLLIMI mmm, n, 02/15/2005 at OHM DIIGU I. SUCK, CUB cars 00000.6e lie H1 10.00 DOC-.70 1200.00 letg: SUM iMaM 1000 1 TH MI n 1201 WLIS IL 3002 This Indenture, Made this /� day of February , 2005 A.D., Between John Thomas Magocs,iad�/vidually and as Trustee and sole beneficiary of the John Magocs Trust dated 5/19/95 of the County of Collier , State of Florida , grantor, and Naples Property Services, LLC, a Florida limited liability company whose address is: P. O- Box A-3611, Chicago, IL 60690 of the County of , State of Illinois , grantee. Witnesseth that the GRANTOR, for and inconsideration of the sum of ------------------------TEN DOLLARS ($10)----------------------- DOUARS, and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said GRANTEE and GRANTEE'S heirs, successors and assigns forever, the following described land, situate, lying and being in the County of Collier State of Florida to wit: Lots 14 and 47, Block 601 NAPLE K UNIT NO. 5, according to the plat in Plat Book 3 Pages rds of Collier County, Florida. 1000 The property herein property of the Gran contiguous to his ho SUBJECT TO zoning, b� by governmental authi interests of record, the subdivision. Real 31, 2004. nor outstan y, and r to taxes off\ C� the HOMESTEAD family nor is it strictions imposed and mineral easements common to quent to December and the grantor does hereby fully warrant the title to said land and will defend the same against lawful claims of all persons whomsoever. In Witness Whereof, the grantor has hereunto set his hand and seal the day and year fast above written. Signed, seated an ,;rdelivered,i;v*r presence: .- -� (Seal) Printed Name: p toj �' ohn Thomas Magocs,indivi ually and Witness as Trustee and sole beneficiary P.O. Address: 993 g Street S., Naples, FL 34102 Printed Name:cTr�1Fc GP7�cnR_� Witness STATE OF Florida COUNTY OF Collier The foregoing insu mrent was acknowledged before me this �/ day of February , 2005 by John Thomas Magocs,individually and as Trustee and sole beneficiary of the John Magocs Trust dated 5/19/95 he is personally known tome or he has produced his Florida driver' S 1]. rise as i ca oa Pow •ry- Wenke O Brandes yd� My COmmswcn DD139364 Printed Name ar. apires October 06. 2006 Notary Public My Commission Expires: 0690-020 Loser G—d by 0 Display S-x 1... 2003 (963) 763-5555 Form FLWD-1 6 00 K .5 /J 4 - rage D n, - -'I- - -- - Ittr sic k FM "M " film a 11IN2 *11 35586-03 OR: 3734 PG: 0591 *" 11MIN k tu amm mxt If =-OR M-M. 11 111 9.0 TIMMV.SAFMAM STATE OF M-ORMA :COt,yKn LV COLIMM 1.10 KI 4 TI V-V 4 ASS A I &G 0 C 5, a ftt r b c iu g t W ly w w a m 6 q mffA " 4 wr V; a 1, 1 sm ft. Thmm-mmIm do lahm Mzg= TnLsL 44, PI M, wilh FnIt puwe and luffivri[}• to PMUL4 cansenT, RZ4. Itm, IMQ gfitundict, =m ru. xoigx M-tgzse, byp-h-- m1mm std*2 f"t h%t, at miw mumpe and dispose of raW prapmy, Tfaft *a a 1ATWXm bmsiagmmmt, btwuwrl hem *AwjmW- fill fnmimaud cfforrm and hwim bem unth&ImIum- ge ft 'rFqwm*m, 2- Ax 0 diuds I havc, beld, pmpeny = Truslet- far WAI wiwb bcndmiwj, Liu 14 and 47. MwkM Xqpt, Pwk fJbk No. X utumThiS to- 6m Ma IUVV 3, PAW' 144 OjtjiC- RMUfliS of CWhIT C.Ottfily, plofsi& 4. 54irJThOAgmcmvd hm b3cm in fult or revokot FMMIER AFRANMSAYRTH NOT, dav of 2MM STATE QP2Ft0kTb.A COMM - OF CDELMR Ilz fhmpming imzar ll Yaw **nmw led;cd befm mE Ws -21— &y 012 br) Ku *&�Z, 21*5 gt". Troke. rd the Jahn Thccm-,1kbpcs Tmt d-.kg S4150i 4rkts i.. ptmaDy kwua to me =3 who coil -fir ;am Lym& or wm", MYcbmm3issimk,x*-m: http://vr,vw.collierappraiser.com/viewer/Image.asp?Pereent--&ImageID=364942 9/28/2007 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, CEB NO. vs. Case NO. 2007050199 AUDREY JAKE Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, AUDREY JAKE, on behalf of herself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number #2007050199 dated the 7TH day of MAY, 2007. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for Thursday, January 24, 2008; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 10.02.06(B)(1)(a) of Collier County Ordinance 04-41, and described as Building or land alteration permit and certificate of occupancy THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $332.69 incurred in the prosecution of this case. 2) Abate all violations by: A. Must apply for and obtain all required Collier County Building permits, have required inspections and obtain certificate of completions for all permits within 120 days from this hearing or a $200.00 per day fine will be imposed for each day that violation remains. B. Or Respondent may obtain a demo permit and demo all additions and alterations to pole barn structure, and obtain all inspections and certificate of compliance within 120 of this Hearing date or a fine of $200 per day be imposed for each day the violation remains. C. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. (24 hours notice shall be by phone or fax on made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday.) Respo / _ ZZ - 0 48 Date JOHN MARSH ---Investiaator Michelle Arnold, Director Code Enforcement Department REV 3-3-05 January 22, 2008 1, Audrey Jake, state that I do understand the terms of the Stipulation Agreement regarding the permit violation at property owned by me at 4797 North Rd, Naples, Fl 34104 and signed the Stipulation of my own free will. Dated this 22 d day of January, 2008. AUDREflAkE WI SSED N(jTAkY- PUB'fff P�, FL, C-4 I tt-,-at:TL) " a'41 "GO -000 - (v6- -5 9 1-2 —L— OCD DATE /. DATE / -- II-? '� - DATE !4 x BONDED T-i-EvU i:ni CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. AUDREY JAKE, Respondent CEB NO. 2007050199 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on January 24, 2008, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: FINDINGS OF FACT That Audrey Jake is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, did not appear at the public hearing, but entered into a Stipulation. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 4797 North Road, Naples, Florida, Folio No. 26480520100, more particularly described as (see attached legal) is in violation of Collier County Ordinance 04-41, the Land Development Code, as amended, section 10.02.06(B)(1)(d) in the following particulars: Converted pole barn into living space without Collier County Building Permit. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation which is attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, section 10.02.06(B)(1)(d) be corrected in the following manner: 1. By applying for and obtaining all required Collier County Building permits, having required inspections and by obtaining certificate of completions for all permits within 120 days (May 23, 2008). 2. In the alternative, by obtaining a demolition permit for the removal of all additions and alterations to pole barn structure and by obtaining all inspections and certificate of compliance within 120 days (May 23, 2008). 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by May 23, 2008, then there will be a fine of $200 per day for each day for each day the violation remains. 4. That if, in the alternative, the Respondent does not comply with paragraph 2 of the Order of the Board by May 23, 2008, then there will be a fine of $200 per day for each day the violation remains. 5. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 6. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $332.69 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed, An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 30 day of, 2008 at Collier County, Florida, CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: Sheri Barnett, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this,'`.( day of . ;—,.a , 2008, by Sheri Barnett, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known tome or % who has produced a Florida Driver's License as identification. ,.?g. ` a;= I�tISTiNE HOLTON MY COMMISSION # DD 686595 EXPIRES: June R!{ { v 18, 2011 Sonded?Nrb Notary public Underwriters NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Audreu Jake, 4797 North Road, Naples, FL 34104 this � I '�' day of " "` 2008. riatA ',t7tr.1ty of ;LLiIR F a. :"``� is S$ a true and rf E�? In k�';°:r County :, _ �4�1.� �.• R� � �I w dll 4it�� p Nn rnjk� O liG6�T OF COURTS M. Jean Rawson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239)263-8206 `3OARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, CEB NO. vs. Case NO. 2007050199 AUDREY JAKE Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, AUDREY JAKE, on behalf of herself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number #2007050199 dated the 7TH day of MAY, 2007. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for Thursday. January 24, 2008; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 10.02.06(B)(1)(a) of Collier County Ordinance 04-41, and described as Building or land alteration permit and certificate of occupancy THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $332.69 incurred in the prosecution of this case. 2) Abate all violations by: A. Must apply for and obtain all required Collier County Building permits have required inspections and obtain certificate of completions for all permits within 120 days from this hearing or a $200 00 per day fine will be imposed for each day that violation remains B. Or Respondent may obtain a demo permit and demo all additions and alterations to pole barn structure and obtain all inspections and certificate of compliance within 120 of this Hearing date or a fine of $200 per da�be unposed for each day the violation remains C. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. (24 hours notice Shall be by phone or fax on made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday.) Respo / --z-Z-08 Date JOHN MARSH es ' for Michelle Arnold, Director Code Enforcement Department IM&MC RIN January 22, 2008 1, Audrey Jake, state that I do understand the terms of the Stipulation Agreement regarding the permit violation at property owned by me at 4797 North Rd, Naples, Fl 34104 and signed the Stipulation of my own free will. Dated this 22'd day of January, 2008. AVDREfl��K-E WITNESSED e ):-, /.Vltfj�jG ,tea NOTY PUB fic OX - FL ! /� �C�n - r /— 2- -1- — 6 CD DATE / - 2 :? - e-, a DATE DATE 71 Off CC, BONDED T---2c!j 2580008 OR; 2630 PG; 0397 7 This instrument prepared by and Record & Return To: DUNN TITLE COMPANY 4700 Tamlami Trail N., Ste. 1 Naples, FL 34103 File No.: 99-W03A Parcel ID No.: 26480520100 RICORDID in ,!!ICIAL WORDS of COL,IrR C00liYi, 01/!I/2000 8t !?:'.34 DYIu9T I. !ROCS, C:,IRK RIC FIR 19 DOC-.19 Retn: My TITLI PICK DP QUIT -CLAIM DEED This Quit -Claim Deed, executed this .5day of 2000, by JARED E. NEWMAN, A SINGLE PERSON AND AUDREY NEWMANI, �A SINGLE PERSON, first party, to AUDREY N?A INGLE PERSON second a address is: 4797 North Road, Naulis\ party, whose r (Wherever used herein parties to this instrument a�d t; and the successors and assii requires.) Witnesseth, That it hand paid by the said sea hereby remise, release, ar interest, claim and demand lot, piece or parcel of land viz: terms "first party" and rty, the receipt , rkt claim unto the 4 e said first party i _ and beina_ir CM i part" include all the assigns of individuals, context so admits or of the sum of $10.00, in hereby acknowledged, does forever, all the right, title, Id to the following described Of Collier, State of Florida, SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Tip►S IS HOMESTEAD PROPERTY. THIS IS MADE PURSUANT TO A MARITAL SETTLEMENT AGREEMENT. To Have and to Hold, the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behoof of the second party forever. Page 1 of 3 IL 50 10 OR. 2630 PG: 0398 Quit -Claim Deed Pape 2 of 3 In Witness Whereof, the said first party has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in r,presepLpe of: #1 #2 STATE OF: OA COUNTY OF: j4— , F01� Pr i n t Med t I r I-) -41 ?� CAS hereby certify that on this day, before me, an officer duty authorized to administer oaths and take acknowledgments, personally appeared JAR ED E. NEYVM u known me to be the Person(s) described in and who executed the foregoing instrument t who acknowledged before me that they executed the same �and an �atpwas not taken. Said persons provided the following type of identification: 1?�'I6WA tr P4&c o Witness my hand and official seal in day of JAF1UARy 2poo . My Commission expires: Sv 4 s (SEAL) y and St as this Public Printed Flame of Notary OR: 2630 PG, 0399 Quit-Oisirn Deed P&2e 3 of 3 P.— STATE OF: 1`t4Pc0A COUNTY OF: t1u. I hereby certify that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared AUDREY NEWMAN known to me to be the person(s) described in and who executed the foregoing instrument, who acknowledged before me that they executed the sa and an oa �wasnot taken. Said persons provided the following type of ident�cation c i?!i1 �SS 2. Witness my hand and official seal in day of JANUARY , ZM. My Commission expires: (SEAL) this * OR: 2630 PG: C1100 Lot 13, COCONUT CREEK, Unit 2, as recorded in Plat Book 3, page 4, of the Public Records of Collier County, Florida, LESS the following described parcel: Beginning at the Northwest corner of Lot 13, COCONUT CREEK, Unit 2, as recorded In Plot Book 3, page 4, of the Public Records of Collier County, Florida; thence North 99018'20" East, 111"e eta North line of said Lot 13; thence South 0004 t'60" Esst,�22Ok a atI� �tt�e East line of said Lot 13; thence South 89°18'20" We feet, feet, pars Ft.q North line of said tat 13, to the West line of said Lot 4 thence North 00044'40/"Was t;-29240 feet along said �est line to the POINT OF BEGINNING. / /-�-� '--��� \ c1 ,� 2-CO 7 c' 50 5 3 My, LOTS 14, BLOCK 60, NAPLES PARK UNIT 5 SOUTH BUILDING - LOT 14 - 865 95T" AVENUE NORTH Original Building South Addition* East Addition* TOTAL ENCLOSED AREA Covered Entry Shed* (detached) 800 sq, ft. (Legal/Non-conforming) 165 sq. ft. (Open area enclosed w/o permit) 350 sq. ft. (Open area enclosed w/o permit) 1,315 SQ. FT. 80 sq. ft. 280 sq. ft. (No known permit exists) * Floor level at south and east additions, and shed are 1'- 6° below floor level of original building. * Work performed without obtaining a building permit to be demolished and removed * Auxiliary shed on property to be demolished and removed. Preparation of construction drawings have begun in order to bring the original 800 square foot building into compliance with zoning and building codes. NOTE: All areas, dimensions, and room sizes noted are approximate and are subject to change upon further review of site and existing buildings, preparation of construction drawings, and during the course of construction itself. January 24 2008 a, 1� ► Z �Q 0 W > 0 p Of Li- z r0"O4 rO;Y „41' L COLLIER CUUN I Y4��-D � 1�7 UM�����? GOVERNMENT �, MASTERPLAN NUMBER PAGE 1 OF APPLICATION FOR BUILDING PERMIT COLLIER COUNTY, FLORIDA 941-643-8400 Application Date _I I Approved Date —l-/— Issue Date _I_!_ CSA SDP# COA# PROPERTY ID # D U 6U04,' �7�7& S/a oQ l PERMIT TYPE - RESIDENTIAL PERMIT TYPE - NON-RESIDENTIAL 1 BR2 - BLDG RES 1-2 STORIES - NEW 10 BC3 - BLDG COMM 1-3 STORIES - NEW 2 BR3 - BLDG RES 1-3 STORIES - NEW Ill BC4 - BLDG COMM 4+ STORIES - NEW 3 BR4 - BLDG RES 4+ STORIES - NEW 12 BC3A - BLDG COMM 1-3 STORIES - ADD/ALT 4 BR2A - BLDG RES 1-2 STORIES - ADD/ALT 13 BC4A - BLDG COMM 4+ STORIES - ADD/ALT __ 5 BR3A - BLDG RES 1-3 STORIES - ADD/ALT 14 BCOT - BLDG COMM OTHER 6 BR4A - BLDG RES 4+ STORIES - ADD/ALT 7 BRMH - BLDG RES MOBILE HOME RESIDENTIAL / NON -RE DENTIAL A/C SPEC.'S TONNAGE 8 BRPM - BLDG RES PARK MODEL/R.V. 9 BROT - BLDG RES OTHER SEE # Job Name: l Construction Address:. / 2 /� �� % - RESIDENTIAL ��—jI1I✓J, SE OCNP- USE OC NON-RESIDENTIAL Applicant: <e /i' Address: &)/ ld-e ! - CONSJfUCTI01 TYPE: SPKL UNSPKL 1 II III IV IV prot V V rot VI VI prot City:IV6-,Q le. S State:��Zip: /J.�;_ SQUARE FOOTAGE: Phone Number:(IN) (v Living Area Sq. Ft. Non -Living Sq. Ft. Total Sq. Ft. 3 (0 © — # of Bedrooms: of Bathrooms: — Contact Name: �e�'/Tel # (r,73 Owner/Owners: Address: i'ld ` 4sO City: % a'4 /e_S State: Zip: 31/6,5_' Total Panels) Ratings: Phone Number: 39 — # of Stories: Building Height: #D a ing Units: Circle One: Shutters Impact Res ant Windows/Doors Subdivision: i'n(a a)&o dJ- Y, do v, Z Section / Township_ 2ange a,5`� Block Lot/Parcel /Co Unit Tract Designed for Internal Pressures PARKING: TAZ: FIRM PANEL# ' ZONING Wind Borne Debris Zone MPH Number of off street parking spaces: Enclosed: Outdoors: PROPERTY SPECIFICATIONS: Acreage Lot Width: Lot Depth: Area Handicap Boat Slips: LOW VOLTAGE: Bldg Width: Bldg Depth: Setback from Property Line: TV/TELE AUDIO CENT VAC POOL SECURITY Front: _ Rear: -- �� Left Side: Rig id . UTILITIES: Flood Zone: F.F.E. Type of Sewage Disposal: (circle one) Surveyed by: cc C N SEPTIC OTHER Bench Mark Elevation: Location: Type of Water Supply: (circle one) Constal Zone: Yes . No cc C N WELL OTHER Certification: Breakaway Walls: Yes No: Existing Meter: (Circce One) VALUE/COST: Ir YES NO CONTRACTORS CONTRACTED COST$ c2_,5n, OD Water Meter Size: CDS Calculated Value$U d TERMITE PROTECTION SYSTEM: (CIRCLE ONE) DESCRIPTION OF WORK- e6o%( l�oe.)n 1`/c� sI'l , SOIL TREATMENT BAITING SYSTEM INTERNAL G✓1 d Cc�� Lc>i /� /7 �� oCi f�3_ CONTRACT REQ. TREATMENT IF OWNER -BUILDER, A WARRANTY DEED MUST BE SUBMITTED TO PROVIDE PROOF OF OWNERSHIP OF PROPERTY AND DRIVER'S LICENSE OR OFFICIAL PHOTO I.D. FOR IDENTIFICATION OF APPLICANT. Owner of Record -Name: Address: Z City: 6-,2 /e.t State:- Zip; —' Bonding Company: Address: City: State: Zip: Architect/Engineer's Name: Address: City: State: Zip: Mortgage Lender's Name: Address: City: State' Zip: A recorded Notice of Commencement must be posted if project valuation exceeds 2 500.00 WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR. PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMEMCEMENT � j c%S � �U�� � � � Yt L /'/C/vj � � //Z � ✓�'iCJ� �`I7S � C� C�, J �OcJ�'� C� U Uf J-rC.(/r GL/1� U (.c� ✓7 C /' L'1 ��S Lca-d e. J 0054f <) r shoPJ o�. Ze) Ct-re e �� J 0 �)l C,f c U d e e.f GL pzr��',C�tvrer Ou)n e r �, �a� E74 47 e— �zd e C, re US / � j , f o r MJ 6 )o r A- 1-;4aG -(�r mac- c) d0 hCJ.lb p dd Irl�(/' , i� �M� V " v le, L 7 ,r/ C WO-S -�0 4 /a le, C✓ l 'got v CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. NAPLES PROPERTY SERVICES, LLC Respondent CEB NO. 2007050653 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on January 24, 2008, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: FINDINGS OF FACT That Naples Property Services, LLC is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, appeared at the public hearing and requested that the matter be continued for 120 days. The Motion for Continuance was DENIED. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 865 951h Avenue N., Naples, Florida, Folio No. 62769000004, more particularly described as Lots 14 and 47, Block 60, NAPLES PARK UNIT NO.5, according to the plat in Plat Book 3, Pages 14, Public Records of Collier County, Florida is in violation of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(c) in the following particulars: Existing structure with interior and exterior alterations and improvements without prior Collier County Zoning and Development review/approval. Also existence of an accessory structure without Collier County Pen -nits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(c) be corrected in the following manner: 1. By applying for all Collier County Permits with 90 days (April 23, 2008) and pursing same with due diligence. 2. Once the permits are obtained, by completing all work through related inspections and issuance of Certificate of Completion or Occupancy within 120 days (May 23, 2008). 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by April 23, 2008 then there will be a fine of $200 per day for each day for each day the violation remains. 4. That if the Respondent does not comply with paragraph 2 of the Order of the Board by May 23, 2008 then there will be a fine of $200 per day for each day the violation remains. 5. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 6. That the Respondent is are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $357.86 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this _3D_ day of, 2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY:_/ Sheri Barnett, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this � day of Ta4-) LA-L , 2008, by Sheri Barnett, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or ✓ who has produced a Florida Driver's License as identification. WMNE HOLTON MY COMMISSION N TON 686595 EXPIRES: June 18,2011 nder , Bonded Thru Notary PubMc Underwriters NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Charles Siragusa, 865 95`h Avenue N., Naples, FL., and to P.O. A-3611, Chicago, Ill. 60690 and to 2727 North Mildred, Chicago, Illinois 60614 this _day of ,�yce r-� , 2008. stare of FLORIDA ounty of COLLIER HER' Y VERTIFY TNAx_thls is a true anO Correct ropy of a.-;: :�v onjile In of Collier County 4 D'w' GHT i3Y C ..1 M. JeantRawson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239)263-8206 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. Cynthia Aurelio Markle, Respondent(s) Case No. 2006060005 ITEM PAGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 2 6-13 14-16 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Dept. Case No. 2006060005 Plaintiff, VS. CYNTHIA AURELIO MARKLE, Respondent NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: January 24, 2008 TIME: 9:00 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: 4442 Wilder Road SERVED: Cynthia Aurelio Markle, Respondent Inv. Renald Paul, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE -HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:OOAM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD n COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner VS. DEPT CASE NO.2006060005 Cynthia Aurelio Markle, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 05-55, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s) 200441,As amended, the Collier County Land Development Code, Sections 10.02.06B)(1), 10.02.06(B)(1)(a), 10.02.06(B)(1)(d) (as renumbered 10.02.06(B)(1)(e), & 10.02.06(B)(1)(d)(i) (renumbered as 10.02.06 (13)(1)(e)(i), and the Collier County Code of Laws and Ordinances, Section 22, Article II, 104.1.3.5, 106.1.2, Florida Building Code 2004 Edition Section 105.1, 105.7,111.1 2. Description of Violation: violation of interior non -permitted construction 3. Location/address where violation exists: 4442 Wilder Road Naples Florida 34105 4. Name and address of owner/person in charge of violation location: Cynthia Aurelio Markle 4442 Wilder Road Naples, FL 34105 5. Date violation first observed: June 1,2006 6. Date owner/person in charge given Notice of Violation: July 10,2006 7. Date on/by which violation to be corrected: August 10, 2006 8. Date of re -inspection: August 11,2006 9. Results of Re -inspection: Violations remain STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above -described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 25th day of October, 2007 STATE OF FLORIDA COUNTY OF COLLIER C s�� Id P 1 Code Enforcement Investigator S:2naorn to o affirme s ss�' d be o is 25th day of October , 2007 by ( a of Notary Public) (Print/Type/Stamp Commissioned Personally known _x or produced identification Type of identification produced REV 3-3-05 Name of Notary Public) NOTARY PUBLIC • STATE OF FLORIDA ,Delicia Pulse .`- Commission # DD629723 •.,,,, ,,-' Expires: JAN. 16, 2011 BONDED TIM ATLANTIC BONDING CO., INC. 2. COLLIER COUNTY CODE ENFORCEMENT Case Number Building Permits, Administrative Code & Other Permit Requirements (S NOTICE OF VIOLATION Respondent MAJUME, CYNTHIA AURELIO Date: 7/10/06 Investigator: gator: HBoX #17 Phone: 239-213-297 Mailing : 4442 Wilder Rd. Na les, F134105 Location: S G �L 1Li Unincorporated Collier County Zoning Dist res See 14 Twp 49 Rng 25 Legal: Subdivision 1436 Block Lot 16 Folio 67790640001 OR Book 2045 Page 11, Violation: Pursuant to Collier County Code Enforcement Board Ordinance 05- 55 and 97-35, as amended, you are notified that a violation(s) of the following codes exist: Ordinance 2003-37 Collier County Right -of -Way Ordinance ®Section 5 Permits. It shall be unlawful for any Responsible Party to dig, excavate, obstruct, or place any construction or other material, or perform any other work which disturbs the existing structure and/or compaction of soil in any right -if -way maintained by Collier County within the boundaries of any municipal corporation, without first obtaining a permit for such work, etc. (Also found in Section 110, Article II of the Collier County Code of Laws and Ordinances, Section 110-31) Ordinance 04-41, as amended, Land Development Code, See. 10.02.06(B)(1) Building or land alteration permit and certificate of occupancy 0 10.02.06(B)(1)(a)Zoning action on building permits... no building or structure shall be erected, moved, added to, altered, utilized or allowed to exist... without first obtaining the authorization of the required building permit(s), inspections, and certificate(s) of occupancy, etc. 010.02.06(B)(1)(d) Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this land development code or other �1 applicable county regulations. ®10.02.06(B)(1)(d)(i) In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact pemrit(s). Collier County Code of Laws and Ordinances Section 22, Article II -JZ103.11.1 Unsafe Buildings or Systems. All buildings, structures, __� trical, gas, mechanical, or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human like, or which in relation to existing rises, constitutes a hazard to safety or health, are considered unsafe buildings or service systems. All.such unsafe buildings, structures or service systems are hereby declared illegal, etc to103.11.2 Physical Safety [pools]. Where pool constriction commences prior to occupancy certification of a one or two family dwelling unit on the same property, the fence or enclosure required shall be in place at the time of final building inspection ...When; pool construction is commenced after occupancy certification of a one or two family dwelling unit on the same property. the fence or enclosure required shall be in place prior to filling of the pool unless during the period commencing with filling of the pool and ending with completion of the required fence or enclosure, temporary fencing or an approved substitute shall be in place, etc. [9104.13.5 Prohibited Activities prior to Permit Issuance. A building permit (or other written site specific work authorization such as for excavation, tree removal, well construction, approved site development plan, filling, re - vegetation, etc.) shall have been issued prior to the commencement of work at the site. Activities prohibited prior to permit issuance shall include, but are not limited to, excavation. pile driving (excluding test piling), well drilling, formwork, placement of building materials, equipment or accessory structures and disturbance or removal of protected species or habitat, etc. Section 106.1.2 Certificate pf:fl.:cup,a.. v 0106.1.2 Building occupancy. A new building shall not be occupied or a change made in the occupancy, nature or use of a building or part of a building until after the building official has issued a certificate of occupancy, etc. Violation (continued): Florida Building Code 2004 Edition Section 105.1 Permit Application (9105.1 When required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit Section 105.7 Placement of Permit 0105.7 The building permit or copy shall be kept on the site of the work until the completion of the project. Section 111.1 Service Utilities 9111.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official. Other Ordinance/Narrative: Order to Correct Violation(s)• ®Must be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for described structurelimprovements: OR remove said structure/improvements, including materials from property and iestore to a permitted state. ®Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion. OR demolish described improvements/structure and remove from property. ®Must effect, or cause, repair and/or rehabilitation of described unsafe building/structure/systems: OR remedy violation by means of permitted demolition of same. Violation(s) must be CORRECTED BY: August 10, 2006 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation and costs of pro ution. Respo ent's Signature Date Investigator's Signature Date -n 3 . Y ORDINANCE NO. 04-41 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, RECODIFYING THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH IN- CLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BYSUPERCEDING ORDINANCE NUMBER 91 O E PROVIDING FOR: SECTIAS AMENDED; ON ONE, RECITALS; SECTION TWO, FINDINGS OF FACT, SECTION THREE, G THE FICATION OF THE LAND OF CODE, MORE SPECIFICALLY BY CREATING THE FOLLOWING; CHAPTER 1 : GENERAL TITLE, 'SEC: 1.02-00 AUTHORIT1 SEC. 1.03.DD ULESROFI CONSiONSTRUCTIONG SEC.1.0 .00 APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND INTENT, SEC, 1,p6 00 EC. 1.04.00 INTERPRETATION, SEC. 1.07A0 LAWS ADOPTED BY REFERENCE, SEC. 1.0806. DEFINITIONS; OF CHAPTER •2 - ZONING DISTRICTS AND USES, ONS; 2.0200 ESTABLISHMENT OF ZONING DISTRICTS, ECN203A0. ZONING D2-01-00 ISTRICTS, SEC. 2.04.00 PERMISSIBLE, CONDITIONAL,TS, SEC. 2.05.00 DENSITY STANDARDS, SE . 6 0 AFFpRpp,g� HOUSING DENSITYSES IN ZONMi DISTRICTS, SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; C(-I,gpT BONUS, SEC, PROTECTION, INCLUDING SEC. 3,01.00 GENERALLY, SEC. 3.02.00 FLOODPLAINR PROTI=C- TION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT SEC. 3.04.00 PROTECTION OF GERED, THREATENED, OR LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTEG TION, AND PRESERVATION, SEC. 3.D6.00 WELLFIELD AND GROUNDWATER GENERACHAPTERLLY 4 -SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC.4.01.00. GENERALLY, SEC. 4.02.00 SITE DESIGN STANDARDS, LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANbARDSOSECD4 QtSIOONOFF DESIGNAND -PARKING AND LOADING, SEC, 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION . TENTION, SEC. 4.07.00 DESIGN STANDARDS FOR PI.AMV 4.08.00 RURAL LANDS STEWARDSED UNIT DEVELOPMENTS, SEC. HIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, UST OF TABLES IN CHAPTER 4; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.42.OD HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES AND STRUCTURES, SEC. 5.04.00 TEMPORARY USE TION STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, INCLUDING AN AMENDMENT SEC. 5.06.00. SIGNS, TO SEC. 5.D6.06 POLITICAL SIGNS, CHAPTER 6-1NFR,A TURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC. 6.01.00 GENERALLY, SEC. 6.02-00ADEQUATE 03PUBLIC FACILITIES REQUIREMENTS, 6.ANDARD, SEC, sPOTABLE SEC. • WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANADEMENT- • SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION ADMI SYSTEM STANDARDS; CHAPTER 7 . RESERVED; CHAPTER 8 -DECISION-1i�AIUNG AND NISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC. • 8.02.00 BOARD COUNTY COMMISSIONERS, SEC. 8OF .03.D4 PLANNING COMMISSION, SEC. 8.04.00 BOof ZONING APPEALS, SEC. 8.05.00 BUILDING BOARD OF ADJUSTMEfvl S AND APPEALS, SEC. 8.46.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORfCIARCHAEQLOGIC PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8:09.00 COMMUL NITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION;-_ _ _. FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. 9.02.D DEVEL Y OPMENT WITH VESTED RIGHTS, SEC. 9.03.00 NONCONFORMfTIES, CHAPTER 10 - APPLICATION, REVIEW, AND DECISION -MAKING PRR OCEDURES, t W4CEG SEC. 10.01-DO GENERALLY, SEC. 10.02-00 APPLICATION REQUIREMENTS, SEC. 10.03.00 COLDER COUNTY LAND DEVELOPMENT CODE 10.02.05 9..4. 10.02.06 A.9 a. Projects approved with an implementation timeline in excess of 16 months must be completed as a phased development as identified below. Project Implementa- tion Timeline of Phases Phase Tmelines months 1 118 months 118 30 months 2 118 months—FirjPhase 30 months—Secse 42 months 3 18 months—Firs 30 months—Secse 42 months—Thi54 months 4 18 months—Firs30 months—Secose42 months—Thir54 months—Foue b. Building permits must be obtained for each unit when relocated and replaced within an approved park, otherwise the code enforcement action will proceed except as otherwise provided pursuant to section 10.02.05 F2.e. (Ord. No. D4-72, § 3313) 10.02.05 Submittal Requirements for Permits A. Generally. Any permit submitted to the County must met the requirements for that particular permit, ' as more specifically stated below. 1. Relation to state and federal statutes. a Required *state and/or federal permits. Where proposed use or development requires•state or federal development orders or permits prior fo use or develop- ment, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (DRi), it shall meet all of the requirements of F.S. ch. 3B0, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any APPLICATION, REVIEW AND DECISION -MAKING PROCEDURES i 0.02.06: A.2. 10.02.06 B.I. public facility below the level of service established in the Collier County. growth manage- ment plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. [II] and the growth management plan. B. Building or Land Alteration Permits 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations,• and other land development regulations. For pur- poses of this section a land alteration permit shall mean any written authorization to after land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration. of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board.of zoning appeals in the form.of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required. by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. in the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed. in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be A OP-0 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.06 13.1. 10.02.013 B.1. required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized* shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. H. A building or land alteration permit issued in error shall not confer any rights• or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facildies required. No building or land alteration permit or certifi- cate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters-3, 6 and 10 of this Code) and Rule 9J-5.DD55, F.A.C. e. Improvement ofpropertyprohibited prior to issuance of building permit No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement maybe granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on -site or to permit construction of an approved water management system, to minimize stockpiles and hauling off -site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shaft be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and n 10. f. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, - all required inspections) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). Preliminaries CODE OF LAWS AND ORDINANCES County of COLLIER, FLORIDA Codified through Ord. No. 05-70, enacted Dec. 13, 2005. (Supplement No. 19) CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA Published by Order of the Board of County Commissioners Published by Municipal Code Corporation /0-111 Tallahassee, Florida 1994 OFFICIALS of COLLIER COUNTY, FLORIDA AT THE TIME OF THIS CODIFICATION any building, structure, or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Building Official for the purpose of inspection and examination s Code, pursuant to this Section 103.9, entitled "Stop work orders" is a new section which will read as follows: 103.9. Whenever a life, health or safety issue is present or any work is being done in violation of the provisions of this section or in variance with the terms of any permit issued for such work, the Building Official may order all work on the job stopped until such violation or variance is eliminated and any work or installation made in violation of this section is corrected. Such stop order, if oral, shall be followed by a written stop order within 24= hours (excluding Saturday, Sunday or holidays). It shall be unlawful to do or perform any work in violation of such stop order, except as may be necessary to prevent injury or damage to persons or property. Section 103.10, entitled "Revocation of Permits," is a new section (with numbered sections 103,10.1. and 103.10.2) which will read as follows: 103.10. Revocation of Permits 103.10.1. Misrepresentation of Application. The Building revoke a permit or approval, issued under the provisions of hisOCode ormay technical Codes in case there has been any false statement or misrepresentation on which the permit or approval is based. 103.10.2. Violation of Code Provisions. The Building Official may revoke a permit upon determination by the Building Official that the construction, erection, alteration, repair, moving, demolition, installation, or replacement of the building, structure, electrical, gas, mechanical, systems for which the Plumbing, or fire cPermit was issued is in violation of, or not in conformity with, y provision of this Code or the technical Codes. Section 103.11, entitled "Safe section ( subsections 103.11.1. and 103.11.2) which will read read as folowtt• snumbered 103.11. Safety . 103,11.1. Unsafe Buildings or Systems. electrical, gas, mechanical or plumbing systemis building electrical, structuresunsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing uses, constitutes a hazard to safety or health, are considered _ Page 5 of 19 .-� unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition. 103.11.2. Physical Safety. Where pool construction commences prior to occupancy certification of a one or two family dwelling unit on the property, the fence or enclosure required shall be in place at the time of final building inspection. The final pool inspection shall be satisfactorily completed prior to issuance of the dwelling unit's Certificate of Occupancy. Where y pool construction is commenced after occupancy certification of a one or two family dwelling unit on the same property, the fence or enclosure required shall be in place prior to filling of the pool unless Burin the period commencing with filling of the pool and ending with com le ' g p of the required fence or enclosure, temporary fencing or an approved tron substitute shall be in place. Failure to call for a final pool inspection win thirty (30) days of filling the pool shall result in an inspection rejection. within Section 104.1.3.5, entitled "Prohibited Activities Prior to Permit issua is a new section which will read as follows: nce," 104.1.3.5. A building �^ authorization such as for pexcavat on, ermit (or othee removal, er nsite specific work approved site development plan, filling, re -vegetation, )eshall have been issued prior to the commencement of work at the site. Activities prohibited prior to permit issuance shall include, but are not limited to, excavation, pile driving (excluding test piling), well drilling, formwork, placement of buildingpile materials, equipment or accessory structures and disturbance or removal of protected species or habitat. Where minor clearing of underbrush can be accomplished without protected habitat or species disturbance, Permitting not required. mttin g is Where test piles are required to establish bearing cap aci ty Purposes of a project, prior to the issuance of a buildin for design permit shall be obtained before an Piles 9 Permit, a test pile . All test driven within the footprint of the bu lding d andrivenilfrogs must be es charged for the permit. At the time of applying for the test Piling Permit ermit the be contractor shall provide, a bond, letter of credit or certified check equal t back to the condition it was in prior to the test piling in the 125% of the estimated cost of removing the test piling and gradingh o event a site construction does not commence. If the project does not proceed and the test piles need to be removed, then they shall be removed to a minimum 2 ft. below natural grade. In any event, the test piles are only allow of remain exposed for a maximum of six (6) months. ed to Page 6 of 19 /0. by the zoning district or as established by conditions attached to t development permit, applicable to the permitted structure and the property a he upon which said structure is being constructed. The As Built Surveys hall be prepared by or under the direct supervision of a Florida registered surveyor and certified by same. Any work done prior to the survey required hereby shall be at the permit holder's risk. The Building Official shall the location survey and a review approve same if all setback requirements are met. Deficiencies or encroachments detected by such review shall be corrected b the permit holder forthwith and prior to further work. Failure to submit the survey required hereby or failure to make said corrections shall be cause to issue a Stop -Work Order for the project. Exception: Elevated finish floors will have the survey submitted withi days of completion of the floor. n 10 Section 105.6.2, entitled "Accessibility for Building inspectors," is a new section which will read as follows: 105.6.2. The permit holder shall provide, have on site, and have present a the time of inspection, a job representative to assist the ' Co t with all required ladders, scaffolds, ramps etc. for the proper inspection of all building components. Such temporary or permanent access facilities shallbe provided for and maintained by the permit holder in addition to all insurance -� and liability issues. If accessibility to the required inspection to the County inspector at the time of his or her inspection, then he permit holder shall be subject to a re -inspection fee. a Permit Section 106.1.2 entitled "Issuing Certificate of Occupancy," is a amended as follows: 106.1.2 issuing Certificate of Occupancy. Upon satisfactory completion of construction of a - building or structure and installation mechanical and plumbing systems in accordance with the technic Ical gas, reviewed plans and specifications, and after the final inspection, lthe _u id'n Official shall issue a Certificate of Occupancy stating the nature o e occupancy permitted, the number of persons for each floor when limited be law, and the allowable load per square foot for each floor in accordance w' y the provisions of this Code. with Section 106.1.3 entitled "Temporary/Partial occupancy," has been deleted in its entirety and replaced with the following: 106.1.3. Temporary/Partial Occupancy. Permitted structures may not be occupied (used for its intended purpose) until all final building inspections, (structural, electrical, mechanical/plumbing, fire, engineering, parking, �., drainage and landscaping) have been passed and a CertificatQ f ,p g ., o. O.,cl:�,anLy Page 16 of 19 0 FLORIDA BUILDING O,t:,;� J:z4 2004 Florida Building Code, Building First Printing Publication Date: October 2004 COPYRIGHT © 2004 by INTERNATIONAL CODE COUNCIL, INC. ALL RIGHTS RESERVED. This 2004 Florida Building Code, Building contains substantial copyrighted material from the 2003 Intemational Building Code which is a copyrighted work owned by International Code Council, Inc., 5203 Leesburg Pike, Suite 600, Falls Church, Virginia 22041-3401 [Phone (703) 931-4533). Without advance written permission from the copyright owner, no part of this book may be reproduced, distributed, or transmitted in any form or by any means, including, without limitation, electronic, optical or mechanical means (by way of example and not limitation, photocopying, or recording by or in an information storage retrieval system). For information on permission to copy material exceeding fair use, please contact: ICC Publications, 4051 West Flossmoor Road, Country Club Hills, Illinois 60478-5795 [Phone (708) 799-23001. Trademarks: "International Code Council," the "International Code Council' logo and the "International Building Code" are trademarks of the International Code Council, Inc. PRINTED IN THE U.S.A. /,Y— . 2004 Florida Building Code 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. 105.7 Placement of permit The building permit or copy shall be kept on the site of the work until the completion of the project. 111.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official. %3 . o o a Corporate Warranty Deed c° This Indenture, made this 2n t r, day of -spa-i1t�dL _ A.D. 200 ,Between cn to `e o CORPORATE RELOCATION SERVICES whose post office address is: 8001 FORBES PLACE, STE 210, SPRINGFIELD, VA 22151 a corporation existing under the laws of the State of VIRGINIA Grantor, and 3559994 OR: 3735 PG: 1570 RICORDID in OFFICIAL RBCORDS of COLLIZI CO01lTT, FL 02/16/2005 at 02:20FI DFIGHT 1. BIOCI, CLIU Cogs 385000.00 UC FIS 27.00 Retn: Doc- ,70 2655.00 ASSOCIATID ATTORKIT TITLI 200 1 FAS111G701 ST atA NIRREOLA FL 34715 whose post office address is: 4442 Wilder Road, Naples, Florida 34105 Grantee, CYNTHIA AURELIO MARKLE, A married woman 05 Witnesseth, that the said Grantor, for and in consideration of the sum of ($10"00) Ten Dollars, to it in hand paid by the said Grantee,- e� a of is hereby acknowledged, has granted, bargained and sold to the said Grante Re the County of Collier, State of Florida,Xo-u"�iG• l,��bed Land, situate, lying and being in Legal description attached and m And the said Grantor against the lawful claims of all • a In Witness Where f, by its duly authorized officer a� written. Signed and Sealed in Our Presen r Name: ign 1? P 'nt Name: Sion & Pri EXHIBIT nt the Vtle to s id I d, and will defend the same e is ' s me t to be executed in its name al to e aff 4 ge day and year first above CORATE ATION SERVICES Mforreale Real Estate Seeft6s, Ino. By Corporate Resolution, ,� t All Snyder, Authorized Agent,", �? - (Corporate Seal}: ;� r ` tJf • { •,' ' , j e lip W OR; 3735 PG; 1571 ""State of County of _ L )� l ► T�foreoing nsacknowledged before me this i� day of 20 p5 b-of CORPORATE RELOCATION SERVICES a oration existing under the laws of the State of VIRGINIA, on behalf of the corporation. He/She i ersonal own to me or has produced _as identification and oath. Vb take and Print ame: Aj Notary Public Yl MR-CR-NRCS-67668 MY Commission Expires:_ 'OFFlCIA! SEAL KATHRYN A. ZEHME Notary Pubk State of IMnois MY Cotrjssbn Efts IS-31.20M /Y. ti EXHIBIT "A" *** OR: 3735 PG: 1572 *** Legal Description FAMILY UNIT 19, PINEWOODS CONDOMINIUM UNIT TWO, ACCORDING TO THE DECLARATION OF CONDOMINIUM THEREOF, RECORDED IN OFFICIAL RECORDS BOOK 831, PAGE 1376, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, TOGETHER WITH AN UNDIVIDED INTEREST OR SHARE IN THE COMMON ELEMENTS APPURTENANT THERETO, AND ANY AMENDMENTS THERETO. ��R C01 15, C�� To: Commissioner Koil 2Koe ��v ✓ From: Cynthia Aurelio -Markle RE: Nabors Harassment using state agencies to Horace on going, since we moved in. 4442 Wilder Rd. Naples Florida 34I0-5 Hear Commissioner Koil I don't know where to begin, I need your help please. I bought my home in Pinewoods February 20G5. When I filled out my condo application to buy this home I epclosed a diagram that I was turning my garage into a in-law for my Children, I was told I had to leave the garage door in place because it was condo requirements. I said fine, my garage when I bought the place had a partition is the garage with an area I have used as a work area / storage area. I have done nothing to the }tome in the garage area. I went for a permit to put in 3 single French doors coming out oftwo bedrooms and the garage / storage area, And with that application, I also was told I had to include the garage area even though it was like that when I Wight the house, because I was told the owner never got a permit for it, so I added it in even though I did Lion bfthe work, it was inspected at the same time that the French doors were inspected. And was released. Then I was told a complaint was called in and Heines Box came to my home saying I need a permit on my storage / work area in my garage and I said to him I had one it was put on the out side doors: permit. I went in to see the man that had a a long pony tail in building permit area, I brought upthe issue and he checked it out and a mailed the inspector /code violation officer and he said it wag allset and that he took care of it. I thanked the nice man and he said I was All set. Everything was quiet and than l-Iires Box should up at my door with allegations saying I was renting out my unit WMCIT WAS NOT 'RUE, he told me it was never permitted and I told him yes it was with the out side doors, I told hire to check with the man in building permits that has the long pony tail and he told me he is gorn and is no longer with the county and I am enforcing this :now next he made me sign some thing and now I have to go to court on Sept 27, 2007 I have mquested my hole file including a mails from that man that helped me in the past the man with the long pony tail and this was at least 8 months now and to date have not received copies of my hole file. When my daughters boyfriend. called code enforcement to let them know we are being harassed they said they would flag the address that there has been 10 calls on my property since I moved in, and and when they don't get satisfaction from that they called police my son in law is a black man and was talking to his mother on the phone when we Sean two cop care cootie squealing around the corner I was out there and said what is going on around here and never expecting they were called to come to my home by my Nabors the two cop cars pulled up at my borne my son in law a black man still talking to his mom in Texas. When they asked him for his Id and ran his a back ground check, every thing came out fine and they just left. I just shook my head. And now when they come to visit I make him stay in the back yard how sad,my daughter's boyfriend who was a collier county sheriff for 7 years who is Mexican, and a very smart man and good man. He and my daughter are in the process of opening Caring Heart Day Care in the city of Naples. When that did not work they called DCF on my grandchildren making up more stories and we had them call code enforcement to show how we are being harassed and after an extensive investigation there was no findings how sad that my grandchildren had to be put threw this. I was weighting to watch the movie Rocky I was flipping threw some channels and that had adult entertainment it was just for a few minuets a Nabors was looking in my living room windows and called the police on me the cops came to my door at 14:15 at night they said a person was walking by with children and say my TV and called police. I invited the female cop to come in and look we were watching Rocky and she replied I know I have been sitting in my car watching the TV and did not see adult movies on the TV, So not just the Nabors but also the cop was peeping toming in my windows at 10:00 at night. I told what is she doing at my door she should be at the door of the caller for peeping toming in my windows which is Illegal. And she went on with no findings. Even if we were sitting watching adult in our dome what crime is it to watch it in our home? that the police would even come out to a call like that I also have two small arches in the front of my home so they would have to look very heard to see in my home, the next day I had the president of my condo association on the phone with me as she came over a rsumber of times saying my cars were Harped over the side walk and so does so many other people in the nabor-hood. My granddaughter has been very sick for the least eight months so I have been back and forth to all child3ren's hospital in St. Petersburg Fltotida because my granddaughter has been threw 4 open heart surgeries and has recently died. Eight months old. And while I have been going threw all this 1 have been dealing with this harassment and it is still on going, Just this Saturday night my Nabors was welling at his repair man in his garage and next thing we know cops are going by our home flashing there lights on my home and our cars and my son who was out side talking on the phone{ our cell phones go in and out in the house so we go out some time to talk on the phone) my children asked why are they flashing the lights on our house we are doing nothing. Will it ever stop I am ready to get a lawyer and sue the Nabors and the code enforcement, police dept and Dcyf to help the Nabors keep harassing my and my family. When we were having the fur nail with the baby just 4 weeks ago the code enforcement came by and gave two tickets to car in my Home for parking over the side walk -and my daughters boyfriend who was a cop for 7 years pointed out a car down the .road and said how come you are not ticketing them? He walked him down to make sure he gave him a ticket, and then he said did you give the women at the cornet a ticket for violating tree topping of a banyan tree and he said what are you a envilrnentelist to my daughters boyfriend since the tickets that was giving I have went around in just two days and took pictures of all the other Nabors not being ticketing for what we were for. When my reactor was putting up my for sale sign the Nabors at the corner at the corder yelled to her yippee. I have not been able to sell it with the market as it is so I just live in here as they keep harassing us. I have had 3 open heart surgeries in the 9ilss and now I am in congestive heart failure because of all the stress I have been living threw. Please help rare, please help me I do not kncrw wee to ga. THESE ACMCMS ARE DOING SHUC IVE 11,WORSMENT Cynthia Aurelio -Markle 4442 Wilder rd Naples Florida 34105 239-601-0538 d e 'x 4 �r 3 ry > r s • mtir ^� ,,� , -. ,.,•,"�' � .gal EN W Y�� 4llJ j d `'�s` , ''. ^{_ .► � ^�".�-.• t" e'1'!•Y: 4 � �'.' �i � f �� � gip. � r. f` • w „i ,r � '� '"s�F J, '� ,��•�°: �"` �"�, ram' ° , � a v "e » w„ ti y �. -,:.. '„ ter- ,. _:_.. ., �- , ._ . , a• A� Owl r . r :7 al ,z {j f m e xx y , z i.. � S a e - 4 u . .. e•e 7 .. a vx � ,.. momAy�° win 4 4OW 1 r+ z x,>Allim M m �\. L� < CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. CYNTHIA AURELIO MARKLE, Respondent CEB NO.2006060005 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on January 24, 2008, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: FINDINGS OF FACT That Cynthia Aurelio Markle is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, failed to appear at the public hearing. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 4442 Wilder Road, Naples, Florida 34105, Folio No. 67790640001, more particularly described as Family Unit 19, Pinewoods Condominium Unit Two, according to the Declaration of Condominium thereof, recorded in Official Records Book 831, Page 1376, of the Public Records of Collier County, Florida, together with an undivided interest or share in the common elements appurtenant thereto, and any amendments thereto is in violation of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 10.02.06(B)(1), 10.02.06(B)(1)(a), 10.02.06(B)(1)(d) (as renumbered 10.02.06(B)(1)(e) and 10.02.06(B)(1)(d)(i)(renumbered as 10.02.06(B)(1)(e)(i); the Collier County Code of Laws and Ordinances, Section 22, Article II, 104.1.3.5, 106.1.2, and the Florida Building Code 2004 Edition, Section 105.1,105.7 and 111.1 in the following particulars: Violation of interior non -permitted construction. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 10.02.06(B)(1), 10.02.06(B)(1)(a), 10.02.06(B)(1)(d) (as renumbered 10.02.06(B)(1)(e) and 10.02.06(B)(1)(d)(i)(renumbered as 10.02.06(B)(1)(e)(i); the Collier County Code of Laws and Ordinances, Section 22, Article II, 104.1.3.5, 106.1.2, and the Florida Building Code 2004 Edition, Section 105.1,105.7 and 111.1 be corrected in the following manner: 1. By applying for and obtaining all required Collier County Building Permits for any and all improvements and alterations or apply for and obtain a demolition permit for the removal of all unpermitted improvements to this property within 14 days (February 7, 2007). 2. By obtaining all inspections and Certificate of Occupancy and/or Certificate of Completion for all non - permitted structure/improvements on the property within 60 days (March 22, 2008). 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by February 7, 2008 , then there will be a fine of $100 per day for each day the violation remains. 4. That if the Respondent does not comply with paragraph 2 of the Order of the Board by March 22, 2008, then there will be a fine of $100 per day for each day the violation remains. 5. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 6. That the Respondent is are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $320.05 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 3_ day of, 2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA - BY:�,� �n�.�l// Sheri Barnett, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this.55-W'day of _ i} .x , o L,f , 2008, by Sheri Barnett, Chair of the Code nforcement Board of Collier County, Florida, who is personally known to me or who has produced a Florida Driver's License as identification. NOTARY PUBLIC KRISTINEHOLTON My commission expires: �r r_ MY COMMISSION # DD 686595 • EXPIRES: June 18 2011 Bonded Thru Notary Public Ihdeiwrfter I HF_'R 'e r` 'T��3AY this is a true an# CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Cynthia Aurelio Markle, 4442 Wilder Road, Naples, Florida 34105 this jL `'day of .ram , 2008. t � 7 M. Jean son, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239)263-8206 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. Jeffrey A. Macasevich, Respondent(s) Case No. 2006100314 ITEM Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Deed PAGE(S) 2 3-5 6 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Dept. Case No. 2006100314 Plaintiff, VS. JEFFREY A. MACASEVICH, Respondent NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: January 24, 2008 TIME: 9:00 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: 4469 Lakewood BLVD SERVED: Jeffrey Macasevich, Respondent Inv. Mario Bono, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE -HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:OOAM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Macasevich, Jeffrey A, Respondent(s) DEPT CASE NO. 2006100314 STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2007-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s): Ordinance 04-41 as amended, Land Development Code, Section 10.02.06(B)(1)(a), Section 1.02.06(B)(1)(e) and Section 10.02.06(B)(1)(e)(i) and Section 22, Article II of the Collier County Laws and Ordinances 104.1.3.5, 106.1.2 and the Florida Building Code 2004 Edition Section 105.1 2. Description of Violation: Improvement of property without permits / Rear of home completely enclosed with sliding doors and windows. 3. Location/address where violation exists: 4469 Lake wood Blvd., Naples, FL 34112 4. Name and address of owner/person in charge of violation location: Jeffrey A Macasevich, 4469 Lake wood Blvd., Naples, FL 34112 5. Date violation first observed: Oct. 16'h, 2006 6. Date owner/person in charge given Notice of Violation: Good service obtained 9-6-07 via posting 7. Date on/by which violation to be corrected: 9-17-07 8. Date of re -inspection: 11-20-07 9. Results of Re -inspection: Violation remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above -described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a lic hearing. Dated this 20th. day of Nov. 2007 Mario Bono Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER REV 3-3-05 Swom r affirmed) and subscribed b his —20 day of 11cN' , 2007 by ign e of Notary Puto ic (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identification produced NOTARY PUBLIC - STATE OF FLORMA " Delicia Pulse Commission #DD629723 Expires: JAN. 16, 2011 BONDED THRU ATLANTIC BONDING CO., INC. 2. Building Permits, Administrative Code & Other Permit Requirements a U j 0 03i y- NOTICE OF VIOLATION Respondent Macasevich, Jeffrey A Date: 03/09/07 Investigator: Mario Bono Phone: 239-403-2481 4469 Lakewood BIvd. �6Qisng : Naples, FL 34112 Zoning Dist RSF Sec 13 Twp 50 Rug 25 Legal: Subdivision Lakewood Unit 1 Block H Lot 17 Location: 4469 Lakewood Blvd., Naples, FL 34112 Folio Unincorporated Collier County Violation: Pursuant to Collier County Code Enforcement Board Ordinance 05- 55 and 97-35, as amended, you are notified that a violation(s) of the following codes exist Ordinance 2003-37 Collier County Right -of -Way Ordinance ❑Section 5 Permits. It shall be unlawfid for any Responsible Party to dig, excavate, obstruct, or place any construction or other material, or perform any other work which disturbs the existing structure and/or compaction of soil in any right-of-way maintained by Collier County within the boundaries of any municipal corporation, without first obtaining a permit for such work, etc. (Also found in Section 110, Article II of the Collier County Code of Laws and Ordinances, Section 110-31) Ordinance 0441, as amended, Land Development Code, Sec. 10.02.06(B)(1) Building or land alteration permit and certificate- of occupancy 1310.02.06(B)(1)(a)Zoning action on building permits ... no building or structure shall be erected, moved, added to, altered, utilized or allowed to exist ... without first obtaining the authorization of the required building permit(s), inspections, and certificates) of occupancy, etc. ®16.02.06(B)(1)(e) Improvement of property prohibited prior to issuance of building permit No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this land development code or other applicable county regulations. 010.02.06(B)(1)(e)(i) In the event the improvement of property, construction of nN any type, repairs or remodeling of any type that requires a buiiding permit has been completed, all required inspcction(s) and certificates) of occupancy must be obtained within 60 days after the issuance of after the fact permh(s). Collier County Code of Laws and Ordinances Section 22, Article 11 ❑103.11.1 Unsafe Buildings or Systems. All buildings, structures, electrical, gas, mechanical, or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human like, or which in relation to existing uses, constitutes a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal, etc ❑103.11.2 Physical Safety [pools]. Where pool construction commences prior to occupancy certification of a one or two family dwelling unit on the same property, the fence or enclosure required shall be in place at the time of final building inspection. —Where pool construction is commenced after occupancy certification of a one or two family dwelling unit on the same property. the fence or enclosure required shall be in place prior to filling of the pool unless during the period commencing with filling of the pool and ending with completion of the required fence or enclosure, temporary fencing or an approved substitute shall be in place, etc. 0104.135 Prohibited Activities prior to Permit Issuance. A building permit (or other written site specific work authorization such as for excavation, tree removal, well construction, approved site development plan, filling, re - vegetation, etc.) shall have been issued prior to the commencement of work at the site. Activities prohibited prior to permit issuance shall include, but are not limited to, excavation pile driving (excluding test piling), well drilling, formwork, placement of building materials, equipment or accessory structures and disturbance or removal of protected species or habitat, etc. Section 106.1-2 Certificate of Occupancy. 106.12 Certificate of Occupancy. Upon satisfactory completion of construction of a building or structure ... and after the final inspection, the Building Official shall issue a Certificate of Occupancy stating the nature of the occupancy permitted, ... with the provisions of this Code. 53751280D03 OR Book 3426 Page 456 violation (continued): Florida Building Code 2004 Edition Section 105.1 Permit Application 0105.1 When required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit Section 105.7 Placement of Permit ❑105.7 The building permit or copy shall be kept on the site of the work until the completion of the project Section 111.1 Service Utilities F111.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official. Other Ordinance/Narrative: Observed renovated rear porch / lanai. Owner must obtain "after the fact" permit by submitting complete application and other required permitting documents 14 days from the date of this notice. Owner must call and arrange for all county inspections and be governed by the boxes marked "X" OR remedy violation by obtaining demolition permit and returning property to original permitted state. Owner must contact the investigator of this notice to insure progress and abatement of violation. Order to Correct Violation(s): ®Must be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for described strucnrre/improvements: OR remove said structumlimprovements, including materials from property and restore to a permitted state. ®Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion. OR demolish described improvements/structure and remove from property. ❑Must effect, or cause, repair and/or rehabilitation of described unsafe building/structurr/systems: OR remedy violation by means of permitted demolition of same. G n Violation(s) must be CORRECTED BY: ce26,07,0 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to 5500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to S1000 per day per violation, as long as the violation remains, and costs of prosecution. Respondent's Signature Date Investigator's Sign Date Notice of Violation Original to File Copy to Respondent Copy for Site Posting Copy for Official Posting Rev06/16/06 AFFIDAVIT OF POSTING Respondent(s): Macasevich, Jeffrey A 4469 Lakew000d Blvd. naples, FL 34112 THE DESCRIPTION OF THE DOCUMENT(S) POSTED IS/ARE: (Check the applicable document(s) ® Notice of Violation ❑ Notice of Hearing ❑ Notice of Hearing/Imposition of Fines ❑ Citation ❑ Notice to Appear ❑ Code Enforcement Board Evidence Packet ❑ Other: I, Mario Bono (Code Enforcement Official) Code Case 2006100314 CEB # , do hereby swear and affirm that I have personally posted the above described document(s) for the above respondents at on Sept. 60i 2007 1240 4469 Lakewood Blvd.. Naples . FL (Address) ®PM ,and the Collie County Courthouse. (Date) (Time) Signature STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this Investigator Title day of F-c vvi la c� 2007 by Mario Bono (Name o n m tvr� (Siin-aTEe of Notary Pub Personally Known Produced Identification Type of Identification Produced 1�e (Print, type or stamp Commissioned name of Notary Public) NOTARY PUBLIC - STATE OF FLORIDA Delicia Pulse Commission #DD629723 Expires: JAN. 16 2011 BONDED THRU ATLANTIC BONDING CO., INC. Affidavit of Posting (Immokalee) Original to File Copy of Posted Notice and Pictures Attached Rev 6/03 Personally Known Produced Identification Type of Identification Produced AFFIDAVIT OF MAILING ^` Reppondent(s): MACASEVICH, JEFFREY A 4469 LAKEWOOD BLVD Code Case NAPLES, FL 34112-6123 CEB # Case Nbr - 2006100314 THE DESCRIPTION OF THE DOCUMENT(S) POSTED IS/ARE: (Check the applicable document(s) ® Notice of Violation ❑ Notice of Hearing ❑ Notice of Hearing/Imposition of Fines ❑ Citation ❑ Notice to Appear ❑ Code Enforcement Board Evidence Packet ❑ Other: I, Delicia Pulse (Code Enforcement Official) , hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent by First Class, U.S. Mail to the above respondent(s) at Above Stated Address (Address) On thisy day of Se p {y r�v3 ec-, 20 07 Signature Customer Service Specialist Title STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this / O day of 200 1 , by \� k a 4 S-r— (Name of e o m e e stat, (S gna a of Notary Public) vOTARY PUBi!C-,TATE: k z` RTT K. A. Van ,ST, commissior # Tr ' fi R. Expo +:T� BONDBDTHRII6TLANTI" ,Cu-;;; ^i;., J,,, (Print, type or stamp Commissioned name of Notary Public) Affidavit of Mailing Original to File Rev 6/03 4- - -0- - -- - This instrument prepared 6y: and Return to, rIlborah A. Stewart, Zxq. Parks and Stewart 86s Fifth Avenue South Maple*, rL 34102 Parw m wdmber. 53751290003 Grantee *I nN-. Grinwc,92 TIN: Warranty Deed 3281410 OR: 3426 PG. 0456 HCOM19 Is 0111 iiL WOW of COUIR C08Mli, ii 11121/2003 at 01:1im HIGU 1. tin, em =1 111m.oa Will 1131 W-.71 W1.00 I#tA: ?Am IL US Ilm will 11 34102 This Indenture, Made this _a clay of October , 2003 A-DBetween ilolseph Haupert and Anselma Eaupert', husband and wife of the county of Delaware , Shoe of Indiana , grantors, and Jeffrey A. Hacasevich, a single man whose address is, 4469 Lakewood Blvd., Napless, FL 34.112 of the County of Collier , store of Florida , grantee. Witn eSSeth that the GPLAh"iOPM fur oral in consideration of tba sum of ----- --------------TEN DOLLARS 0 0)----.....,........'—...,,.........,.---..— OOLLARS,. and other good and valuable consideration to GRANTORS in Band paid by GRANTEE, the receipt whereof is hereby acknowledged, have granted, bargained and sold to the. said GRANTEE and CtltANTMS heirs, sucerssws and assigns forever, the following dcscnlW laud, situate, lying and being in the County of Collier Stitt of Florida to wit Lot 17, Block H, LAICENOOD UNIT NO. 1, according to the map or plat thereof as recorded in Plat Book 12, Page 8, Public Records of Collier County, Florida. Subject to restrictions, reservations and easements of record, if any, and taxes for current and subsequent years. and the greeters do hereby fully wattamt the title to said land, and will defend the satne against lawful ciontz of all persons whomsocvcr. In Witness Whereof, the grantors have bcm=to see their hands and seals the day and year first above written.. Signed, sealed and delivered in our presence: Printed Nantes %fitness as to Printed Name: Witness as to Printed Wsune s Witness as to Print+pd Name: Witness as t0711 (Seal} Joipfh lfaupert P.O. Address_ SM Tamarac Drive, Maack. m 47XW ", . (Seal ) Anselma Haupert P-0. Address- S2N Teatime Drive. Muncie. Ile 47XW http://www.collierappraiser.com/viewer/Image.asp?Percent=&ImagelD=262847 9/28/2007 FROM <FRI>JAN 18 2000 15:12/817. 15: 11 /No. 7500000427 P 1 DEBORAH A. STEwART WILLS AND TRUSTS PROBATE ANO TRUST ADMINISTRATION REAL ESTATE - TITLE INSURANCE CIVIL LITIGATION Ms. Bendisa Marku Operations Coordinator Collier County, Florida 2800 North Horseshoe Drive Naples, FL 34104 .��.'d`faasa� a��Zdro 37S FIrTH AvEHuE SOUTH SUITE 100 NAPLEs, FLORIDA 341o2 January 18, 2008 VIA Facsimile and U.S. Mail 403-2343 Re: BCC vs. Macasevich; Dept. Case No. 2006100314 Request for Continuance Dear Ms. Marku: TELenHoNE: (239) 262.7090 FACSIMILE: (239) 262-4774 dslegal@ear tlink.net This is to advise that the undersigned is the attorney for Jeffrey Macasevich. Enclosed please find a Notice of Hearing that was forwarded to our client. He has suffered recent medical problems. Therefore, please consider this letter a request for a sixty (60) day continuance of said hearing to enable my client sufficient time to produce and/or prepare the necessary documents and other evidence necessary to defend his case. Thank you for your assistance in this matter. Should you have any questions concerning the foregoing, please do not hesitate to contact us. DAS/msm Enclosure as stated cc: Client Very truly yours, 1�� d ► , L9- tStewart BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. JEFFREY MACASEVICH, Respondent CEB NO.2006100314 ORDER ON MOTION TO CONTINUE THIS CAUSE came on for public hearing before the Board on January 24, 2008, on the Respondents' Motion to Continue, and the Board having heard considered the matter, and being duly advised in the premises, hereby GRANTS the said Motion to Continue. ORDER OF THE BOARD Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 92-80, it is hereby ORDERED: That the Respondents' Motion for Continuance is GRANTED for 60 days. This matter will be heard on March 27, 2008. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this �()— day of , 2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: `A-- ,F Sheri Barnett, Chair 2800 North Horseshoe Drive Naples, Florida 34104 Slate at FLOR I LA zoenw of GQLLIER'.' `''> H-ERE"BY. CERTIMTHAT Ws Is a true a+O 'sorrect coy dt,a ego.f—m-ax t "file in Board Mites,, rid a� Collier Courtty coal this rayo� `�"kA�y.. 2 DWIGHT E. 6130GK, CLE :it OF COURTS STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this ,301day of T ti , 2008, by Sheri Barnett, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or ,/ who has produced a Florida Driver's License as identification. IQiIS11NE HOL 0 MY COMMISSION # DD 686595 EXPIRES: June 18, 2011 ;' Bonded Thru Notary Public Underwriters NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Jeffrey A. Macasevich, 4469 Lakewood Blvd., Naples, FL 34112 and to Deborah Stewart, Esq., 375 Fifth Avenue S., Ste. 100, Naples, FL 34102 thisdayof - Lzr , 2008. M. Jean-Rhwson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239)263-8206 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. A. L. Petroleum, Inc, Respondent(s) Arthur H. Lennox (Registered Agent). Case No. 2007040340 ITEM PAGE(S) Notice of Hearing I �—, Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4-13 Deed 14-20 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Dept. Case No. 2007040340 Plaintiff, VS. A. L. PETROLEUM, INC ARTHUR H. LENNOX AS REGISTERED AGENT, Respondent NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: January 24, 2008 TIME: 9:00 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: 8900 Davis Blvd SERVED: A. L. Petroleum, Inc Arthur H Lennox as Registered Agent, Respondent Inv. Sherry L. Patterson, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE -HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner n vs. DEPT CASE 2007040340 A L PETROLEUM, INC. Respondent(s) ARTHUR H. LENNOX (Registered Agent) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s ) 0441 sec. 10.02.06[B][1][e], 10.02.06[B][2][e][i],10.02.06[B][2][a], 10.02.06[B][2][d], 10.02.06 [B] [2] [d] [ix] of the Collier County Land Development Code AND 2004-58, sec. 16[l] [n] [3], 16[2] 0] of the Property Maintenance for the unincorporated area of Collier County. 2. Description of Violation: Pole sign altered without required permit, and is not being maintained in good repair. Three banners attached to the canopy without required permits. Two wall signs without required permits. 3. Location/address where violation exists: 8900 Davis Blvd. 4. Name and address of owner/person in charge of violation location: Arthur H. Lennox, 8900 Davis Blvd. 5. Date violation first observed: March 30, 2007 6. Date owner/person in charge given Notice of Violation: May 30, 2007 7. Date on/by which violation to be corrected: July 4, 2007 8. Date of re -inspection: October 15, 2007 9. Results of Re -inspection: All signs remain without required permits. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above -described violation continues to exist; that attempts to secure compliance with the Collier County Code ave failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a earing. Dated this 12th day of November, 2007 Sherry L. Patterson Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER worn to (or affirmed) and subscribed before this 12"' day of NOVEMBER , 2007 by (Sigf re f otary Public) t sio aed ^. NanVaftLap 40046) Personally known or produced identification My Comm expires March 04, 2009 Type of identification produced Bonded thru lit State Insurance REV 3-3-05 2. Owner: ARTHUR H. LENNOX AS REGISTERED AGENT FOR: A L PETROLEUM, INC [PROPERTY OWNER] BP [BUSINESS] Mailing: 8900 DAVIS BLVD NAPLES, FL 34104-5404 8900 DAVIS BLVD NAPLES, FL 34104 Location: 8900 DAVIS BLVD Unincorporated Collier County COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Date: 5-29-07 Investigator SHERRY L. PATTERSON Zoning IMPROVED Sec 03 Dist COMMERCIAL _ Legal: GATOR GATE UNIT >ubdivision Folio 34740160001 NOTICE Pursuant to Collier County Code Enforcement Board (CEB) Ordinance No. 2007-44, as amended, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above - described location. ®Ord No. 04-41, as amended Section 10.02.06[B][1][e] ®Ord No. 04-41, as amended Section 10.02.06[B][1][e] n ®Ord. No. 04-41 , as amended Section 10.02.06[B][2][a] �rd No. 04-41 , as amended Section 10.02.06[13][2][d] -d No. 04-41 , as amended Section 10.02.06[B][2][d][ ix] ®Ord No. 2004-58, as amended Section 16[1][n][3] ®Ord No. 2004-58, as amended 16[2]0] DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: ON 3-30-07 1- POLE SIGN ORIGINALLY PERMITTED UNDER PERMIT# 960011418 AS A 'MOBIIL SIGN, ALTERED / CHANGED TO A'BP' SIGN WITHOUT REQUIRED PERMIT. SIGN HAS NOT BEEN MAINTAINED IN GOOD REPAIR AS IT IS MISSING SIGN PANELS ON BOTH SIDES EXPOSING THE INTERNAL ELECTRICAL COMPONENTS THEREBY CONSTITUTING A NUISANCE AND / OR SAFETY HAZARD. 3- 'BP' SIGNS / BANNERS ATTACHED TO CANOPY, WITHOUT REQUIRED PERMITS. 2- ELECTRICAL WALL SIGNS 'SUBWAY' WITHOUT REQUIRED PERMITS. FISupplemental attached INQUIRIES AND COMMENTS SHOULD BE DIRECTE O CODE -ENFORCEMENT JF- RRY N 'VESTIGATOR: _800 No. Horseshoe Dr. Naples, FL 3 (239) 403-2314 2 403-2343 Investigator signature VIOLATION STATUS ® itial ❑Recurring ❑Repeat Phone: 239-403-2314 Twp 50 Rng 26 Block Lot 2.3 OR 2105 Page 680 Book You are directed by this Notice to take the following corrective action(s) OBTAIN PERMITS AND ALL REQUIRED INSPECTIONS FOR DESCRIBED SIGNS, OR REMOVE. SHOULD A WALL SIGN BE REMOVED, REMOVAL IS TO INCLUDE ANY SHADOWING THAT MAY BE CREATED. ALL REQUIRED INSPECTIONS AND CERTIFICATE OF OCCUPANCY MUST BE OBTAINED WITHIN 60 DAYS AFTER THE ISSUANCE OF AFTER THE FACT PERMITS. CEASE ALL FUTURE PLACEMENTS OF SIGNS OTHER THAN THOSE IN COMPLIANCE WITH THE COLLIER COUNTY LAND DEVELOPMENT CODE AND / OR THE PROPERTY MAINTENANCE CODE FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA. ❑Supplemental attached ON OR BEFORE: JULY 4TH 2O07 Failure to correct violations may result in: 1) Mandatory notice to appear in court or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. KrsoBY: nal Service ❑Certified Mail ❑Posting of Property ❑Fax ❑Mai► ?2V� Signatj(A Recipient 41Z"t L. ENND7C Print Dated this H day of MAY 2007 �6 Notice of volatinn C)riainal to File. Conv to Resnnndent C'om, fnr Site Pnstinv C'onv for (Wfiinial Pnctinv Rev 4/04 3 10.02.06 Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Developmentof regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of[or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B.- Building or Land Alteration Permits. W ri1` Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered , utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, http://Iibraryl.municode.com/newords/DocView/13992/l/66/68 10/16/2007 /� moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless heshall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms ; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e -Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building http://library 1.municode.com/newords/DocView/13992/l /66/68 10/16/2007 S- permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on -site or to permit construction of an approved water management system, to minimize stockpiles and hauling off -site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). f. Zoning and land use approval required prior to or simultaneously with issuance of building or land alteration permit or occupancy of land and space. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the Land development Code, shall be required prior to obtaining a building or land alteration permit or to occupying any space of land or buildings or for the conduct of a business in all zoning districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. +i For the purposes of determining compliance with the zoning provisions of the Land Development Code, an approval of a site development plan pursuant to section 10.02.03 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the Land Development Code, including the uses of the building space upon which applicable off-street parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the Land Development Code. ii. In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any approval conferred upon the building and the land pursuant to section 10.02.03 and of a zoning certificate issued for the building and the land, shall be required. iii. A zoning certificate shall be required for any use of land or buildings located in residential zoning districts, which involve the conduct of a commercial or other nonresidentially allowed uses of land or buildings. 2 Building Permit applications for signs. a. General. Any person wishing to erect, place, rebuild, reconstruct, relocate, alter , or change the sign copy (see section 5.06.04 for exceptions) of any sign shall apply for and receive a building permit in accordance with Resolution No. 91-642, prior to the commencement of any work. A building permit will be issued by the community development services administrator, or his designee, provided that all permit requirements of the Code and all other applicable provisions of Collier County's ordinances and regulations have been met. b. Permit fees. A building permit fee shall be collected pursuant to the fee schedule set forth by resolution. c. Form. Every application for a building permit shall be in writing upon forms to be furnished by the County Manager or his designee, or his designee. http://Iibraryl.municode.com/newords/DoeView/1'3992/l/66/68 10/16/2007 ,n d- Application contents. reconstruct, relocate, al ^ provision of this Code, an permit application which proposed sign including: In order to obtain a permit to erect, place, rebuild, ter or change the sign copy of any sign under the applicant shall submit to the building official a building shall set forth in writing a complete description of the i. The name, address and telephone number of the: (a) owner and lessee of the sign and (b) sign contractor or erector of the sign. ii. The legal description and the street address of the property upon which the sign is to be erected. iii. The dimensions of the sign including height. iv. The copy to be placed on the face of the sign. v. Other information required in the permit application forms provided by the County Manager or his designee, or his designee; including two copies of the site plan, elevation drawings of the proposed sign and identification of the type, height, area and location of all existing pole signs, ground signs and directory signs on the subject parcel. vi. Two blueprints or ink drawings, certified by a Florida registered engineer or a Florida registered architect, of the plans and specifications and method of construction and attachment to the building or the ground for all pole signs and all projecting signs; and any ground sign over 32 square feet. vii. Wall signs, or any separate part thereof, which is to be affixed to a wall shall be fastened flush with the surface with fasteners which shall have the capacity to carry the full load of the sign or separate part thereof under wind load conditions of the approved Collier County Building Code Ordinance [Code § 22-106 et seq.],Flood Ordinance [Code ch. 62. art. II], and the Coastal Building Zone Ordinance [Code ch. 22, art. VIII]. Any such sign or separate part thereof which is not mounted flush with the surface and which weighs more than 20 pounds shall have a Florida registered engineer design the mounting or fastening system and depict the system on signed and sealed drawings which shall accompany the permit application. viii. If the sign or sign copy is to be illuminated or electronically operated, the technical means by which this is to be accomplished. iz- The permit number shall be displayed or affixed at the bottom of the sign face and shall have the same life expectancy as the sign. Such permit number shall be clearly legible to a person standing five feet in front of the base of the sign and in no case shall the permit number be less than one-half inch in size. e. Expiration of permit. Building permits shall expire and become null and void if the work authorized by such permit is not commenced and inspected within six months from the date of issuance of the permit. f. Adherence to the Unified Sign Plan: Requests for building permits for permanent on -premise signs shall adhere to the Unified Sign Plan, which shall be kept on file in the community development and environmental services division. Requests to permit a new sign, or to relocate, replace or structurally alter an existing sign shall be accompanied by a Unified Sign Plan for the building or project the sign is accessory to. Existing permitted signs may remain in place; however, all future requests for permits, whether for a new sign, or http://Iibraryl.municode.com/newords/DocView/13992/l/66/68 10/16/2007 7 relocation, alteration, or replacement of an existing sign, shall adhere to the Unified Sign Plan for the property. �. C. Vegetation Removal permit requirements. 1. Other permits required. No vegetation removal permit shall be issued by the County Manager or his designee until all applicable federal and state, and County approvals as designated by the County Manager or his designee have been obtained. These approvals may or may not include, but are not limited to: a. Building permits. (Except in accordance with section 4.06.04 A. of this Code.) b. Special treatment (ST) development permits. c. U.S. Army Corps of Engineers permits or exemptions. d. Florida Department of Environmental Protection permits or exemptions. e. U.S. Fish and Wildlife Service permits or exemptions. f. Florida Fish and Wildlife Conservation Commission permits or exemptions. g. South Florida Water Management District permits or exemptions. h. Other applicable agency reviews or permits or exemptions. i. Other county approvals. 2. Application contents. Application for a vegetation removal permit shall be submitted to the County Manager or his designee in writing on a form provided by the planning services department. The application shall include the following information: a. A generalized vegetation inventory which includes: i. Generalized vegetation inventory superimposed on a current aerial. A generalized vegetation inventory shall show the approximate location and extent of vegetation on the site. The inventory shall be based upon the most current available information. The inventory shall be in the form of an aerial or a field survey, and may be accompanied by photographs or videotapes illustrating typical areas of vegetation referenced to positions on the aerial or survey, but shall clearly indicate habitat types and protected vegetation, and may be accompanied by photographs or videotapesillustrating typical areas of vegetation referenced to positions on the aerial or survey. The generalized vegetation inventory shall be prepared in some manner which clearly illustrates the relationships between the areas of vegetation and the proposed site improvements. ii. Generalized written assessment and evaluation. The generalized vegetation inventory shall be accompanied by a brief written assessment of the plant communities which have been identified on the site. The assessment shall include an evaluation of character and quality of the plant communities identified, including their rarity, viability, and such other physical characteristics and factors that may affect their preservation. The inventory assessment and evaluation shall be prepared by a person knowledgeable in the identification and evaluation of vegetative resources, such as a forester, biologist, ecologist, horticulturist, landscape architect, or certified nurseryman. iii. Reasonable additional information. The County Manager or his designee may require that the application include such additional information which is reasonable and necessary for adequate administration of this section. http://Iibraryl.municode.com/newords/DoeView/13992/l/66/68 10/16/2007 8, b. A site plan which includes: i. Property dimensions. ii. Location of existing infrastructure and alterations. iii. Location of proposed structures, infrastructure and alterations. iv. The location and species of all protected vegetation. Large stands of a single species, such as cypress heads, may be indicated as a group with an approximate number or area. v. Designation of all protected vegetation proposed for removal. vi. Location and details of protective barricading of the vegetation to be retained. vii. Description of any proposed alteration of mangroves. viii. Description of any proposed maintenance trimming of mangroves. c. An executed statement which includes: i. Name, address, and phone of property owner. ii. Name, address, and phone of authorized agent and on -site representative. iii. Proof of ownership. iv. Legal description. v. Reason for proposed removal. vi. Method to distinguish vegetation to be removed from vegetation to be preserved and method of removal. It should be noted that the root system of the vegetation shall also be protected. vii. Signature of property owner or copy of a specific contract signed by property owner. 3. Review procedures. a. Issuance of permit. Based on the information contained in the application and obtained from the on -site inspection, the County Manager or his designee, may approve or deny an application. An approved vegetation removal permit is valid for a period not to exceed 180 days. Mangrove alteration permits shall be valid for a period of five years from date of issuance, or date of issuance by the Florida Department of Environmental Protection. An extension requested prior to expiration of the original permit may be granted for good cause shown upon written application to the County Manager or his designee. The County Manager or his designee may attach conditions to the permit relative to the methods of designating and protecting vegetation not proposed for removal. A violation of these conditions shall constitute cause to void the vegetation removal permit. b. Denial of permit. In the event an application is denied by the County Manager or his designee, the reason(s) shall be noted on the application and returned promptly. c. Permit fees. All vegetation removal and agricultural clearing permit applications requiring review and approval shall be charged a review fee as established by resolution of the Board of County Commissioners. http://Iibraryl.murLicode.com/newords/DocView/I 3992/ 1 /66/68 10/ 16/2007 9 /1Z3456 e N1 u�• REt VET c� �ZZLZO% ORDINANCE NO. 2004-58 kN ORDINANCE ESTABLISHING A PROPERTY MAINTENANCE CODE FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; PROVIDING A TITLE; PROVIDING FOR PURPOSE AND SCOPE; PROVIDING FOR GENERAL PROVISIONS; PROVIDING DEFINITIONS; PROVIDING FOR RULES OF CONSTRUCTION; PROVIDING FOR COMPLIANCE WITH HOUSING STANDARDS; PROVIDING FOR RENTAL REGISTRATION REQUIREMENTS AND PROCEDURES; DESIGNATING THE HOUSING OFFICIAL POWERS AND DUTIES; PROVIDING FOR INSPECTION OF STRUCTURES AND PREMISES; PROVIDING FOR NOTICE OF VIOLATION PROCEDURES; PROVIDING A METHOD FOR DESIGNATING HAZARDOUS BUILDINGS; PROVIDING FOR STANDARDS FOR THE REPAIR OR DEMOLITION OF HAZARDOUS BUILDINGS BY THE COUNTY; PROVIDING FOR THE ASSESSMENT OF COSTS OF REPAIR OR DEMOLITION TO BE ASSESSED TO THE OWNER WHEN ABATEMENT EXECUTED BY THE COUNTY; PROVIDING FOR THE VACATION OF HAZARDOUS BUILDINGS; PROVIDING THE RESPONSIBILITY FOR PROPERTY MAINTENANCE; PROVIDING THE RESPONSIBILITIES OF OWNERS OF NONRESIDENTIAL STRUCTURES, VACANT BUILDINGS, VACANT STRUCTURES, AND VACANT OR UNIMPROVED LOTS; REQUIRING A CERTIFICATE FOR A BOARDED BUILDING; PROVIDING FOR NUISANCES; PROVIDING STANDARDS FOR SECURING BUILDING; PROVIDING FOR EXCEPTIONS TO BOARDING REQUIREMENTS; PROVIDING FOR COSTS INCURRED BY THE COUNTY AND ASSESSMENT OF A LIEN; PROVIDING FOR A NOTICE OF HEARING FOR REVOCATION OF BOARDING RENEWAL CERTIFICATE; REPEALING COLLIER COUNTY ORDINANCES 76-70, 89-06, 96-76 AND 99- 58; PROVIDING FOR PENALTIES; PROVIDING FOR LIBERAL CONSTRUCTION; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND EFFECTIVE DATE. WHEREAS, Collier County Board of County Commissioners seeks to protect the health, safety and welfare of the citizens of Collier County; and WHEREAS, within the jurisdiction of Collier County, Florida, there are or may be dwellings and dwelling units which are unfit for human habitation and use due to inadequate maintenance, obsolescence or abandonment and which contain defects which increase the hazards of fire, accident, or other calamities, and which by reason of the lack of maintenance, inadequate ventilation, inadequate light and sanitary facilities, or other conditions render such dwelling units unsafe, unsanitary, dangerous and detrimental to the health, safety, and general welfare of the community; and WHEREAS, experience and accepted national housing surveys have clearly demonstrated that such conditions result in a large measure from improper maintenance, inadequate sanitary facilities, overcrowding conditions in residential occupancies, building and premises, and from general neighborhood neglect; and WHEREAS, such unsafe and unsanitary conditions can be improved and often eliminated or prevented through adopted and enforced housing standards. resulting in the upgrading of living conditions and an overall enhancement of the general health, safety. and welfare of all residents and property owners of the community, and WHEREAS, there exists conditions within the unincorporated areas of Collier County where structures used for commercial and non-residential purposes are, or may become in the future, substandard and further that such conditions, including but not limited to, structural deterioration, lack of 2. if the owner believes that the expense certified by the Housing Official for correcting the hazardous condition is excessive, he may appeal the amount assessed by filing a written notice of appeal with the County Manager, with a copy to the Housing Official, within ten (10) working days after the notice of assessment. The owner may then appear before the Board and present facts supporting his position. Thereafter, the decision of the Board shall be final. 3. The Property Appraiser shall keep complete records relating to the amount payable for liens, above described, and the amount of such lien shall be included in tax statements thereafter submitted to the owners of lands subject to such liens. SECTION FOURTEEN: NOTICE FOR THE VACATION OF HAZARDOUS BUILDINGS If a dangerous or hazardous building exists, to the extent that it causes danger of imminent peril to life and health, the Code Enforcement Board or Special Master may order the building to be vacated. SECTION FIFTEEN: RESPONSIBILITY FOR PROPERTY MAINTENANCE Every owner of real property within unincorporated Collier County is required to maintain such property in a manner so as not to violate the provisions of this Ordinance, and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property. SECTION SIXTEEN:. RESPONSIBILITIES OF OWNERS OF NONRESIDENTIAL VACANT BUILDINGS VACANT STRUCTURES, AND VACANT OR UNIMPROVED LOTS All owners of nonresidential structures, vacant buildings, vacant structures and vacant or unimproved lots shall comply with the following requirements: 1: Nonresidential Structures: a. All nonresidential structures shall be watertight, weather -tight, insect -proof, and in good repair. b. Every foundation, exterior wall and roof shall be reasonably watertight, weather -tight and rodent -proof, shall adequately support the building at all times, and shall be in a workmanlike state of maintenance and repair. C. Every interior partition, wall, floor and ceiling shall be reasonably tight and maintained in a workmanlike state of repair and in a clean and sanitary condition. d. All rainwater shall be drained and conveyed from every roof, and the lot shall be graded and drained, as not to cause dampness in the walls, ceilings, floors or basement of a structure. C. Every window, exterior door shall be reasonably weather -tight, watertight, and rodent - proof and shall be maintained in sound condition and repair, and secured with proper hardware. f. Every inside and outside stairway, every porch and every appurtenance thereto shall be constructed to be safe to use and capable of supporting the load that normal use may cause to be placed thereon, and it shall be maintained in sound condition and repair. g. Every supplied plumbing fixture and water and waste pipe shall be properly installed and maintained in sanitary working condition, free from defect, leaks, and obstruction. h. Every toilet, restroom and bathroom floor shall be constructed and maintained so as to be 11,N reasonably impervious to water, and such floors shall be kept in a clean and sanitary condition. 17 i. Every supplied facility, piece of equipment or utility which is required under this chapter shall be so constructed and installed that it will function safely, and effectively, and shall be maintained in good working condition. j. All exterior surfaces shall be protected from decay by painting or other protective covering or treatment. Substantial evidence of molding or chipping of the exterior surface will be required to be treated, repainted, or both. All siding shall be weather -resistant and watertight. k. No abandoned, unlicensed or inoperative vehicle shall be permitted on commercial or nonresidential property in view of the general public. 1. Exterior Lighting. All outdoor lighting shall be in compliance with the following: a) non - vehicular light sources that shine into the eyes of drivers of vehicles or pedestrian which could impair safe traverse are prohibited; b) all lighting shall be shielded and aimed at owner's premises or sidewalk and shall not create an adverse affect on adjacent properties. M. Landscaping maintenance. Where landscaping plans have been specifically incorporated and approved in a development plan, the landscape areas shall be maintained in a manner equal to the original landscaping approval. n: Accessory structures. Garages, storage buildings and all other accessory structures shall be maintained in good repair and sound structural condition. Structures, attached or unattached to the principal structure, which are found by the building official to be structurally deficient, shall be repaired or demolished within the timeframe set by the notice of such condition. Maintenance of accessory structures shall comply with the following: (1) The exterior of the building and premises to include but not limited to parking areas and landscaping areas shall be maintained in a sound, clean and neat condition. (2) Signs shall be maintained in good condition. Where the sign structure remains, the sign faces are to be replaced with black panels (permit required). The design and color is subject to approval by the Building Department under the applicable development regulations. All advertising structures, awnings and accompanying supporting members shall be maintained in good repair and shall not constitute a nuisance or safety hazard. Advertising structures or awnings not properly maintained in accordance with this subsection shall be removed. Awnings or marquees made of cloth, plastic or a similar material shall not show evidence of tearing, ripping or holes. Upon removal of advertising structure or awning, all supporting members shall be removed. Where supporting members have been left from sign removal prior to adoption of this article, such supporting member shall be removed within three months of the effective date of this ordinance. Nothing in this subsection shall be construed to authorize any encroachments on streets, sidewalks or other parts of the public right-of-way. (4) Where parking areas are to be barricaded to prohibit vehicular travel, it shall be accomplished by installation of parking bumpers pinned to the pavement. 2' Structures and Unimproved Lots: a. Every owner of a building, structure or lot, vacant or occupied, shall keep the premises in clean and sanitary condition, including yards, lawn, courts and driveways. Any dead or dying landscaping must be replaced and maintained. Uneven or damaged surfaces with or without �.� holes must be repaired. b. Exterior premises shall be kept free from the excessive growth of weeds, grass and other flora. 18 J2 c_ Every owner of a building, structure or lot, previously improved or occupied, shall grade and maintain the exterior premises so as to prevent the accumulation of stagnant water thereon, except for permitted storm water management detention/retention purposes. d. Unauthorized motor vehicles are prohibited from parking on or driving across any portions of a vacant lot, except for areas designated and approved by the County. C. Animals and pets shall not be kept on the premises in such manner as to create unsanitary conditions or constitute a public nuisance. f. Every owner of a building, structure or lot shall keep the premises reasonably free from rodents, insects and vermin. g. The roof of every building or structure shall be well drained of rainwater. h. All exterior surfaces shall be properly maintained and protected from the elements by paint or other approved protective coating applied in a workmanlike fashion. i. Every owner of a building, structure or lot, vacant or occupied, shall be responsible for removing any unauthorized obsolete, non -complying or any deteriorated signs, posters and graffiti from the building's exterior. j ;` All signs must be maintained and comply with the provisions of the Land Development Code. Should a wall sign be removed, the wall surface must be painted in a workmanlike fashion in the same color as the adjacent exterior walls of the building to remove any shadowing created by the removed sign. k. All materials used to board or secure a vacant building against entry shall be painted in a workmanlike fashion in the same color as the adjacent exterior walls of the building. 1. Every owner of a building or structure that is vacant and unsecured shall secure and maintain in secure condition all entrances and all other openings of such building or structure including, but not limited to, windows and doorways. M. Whenever any ground floor window of a vacant commercial storefront is found to be shattered, cracked, missing or broken, the owner of such building shall repair or replace the window. n. All non-residential and commercial properties must provide parking facilities in accordance with the Collier County Land Development Code and shall be treated with a stabilized surface. Such facilities must be maintained in good condition and repairs to the parking surfaces must be made with like material. Parking shall be limited to designated areas (striped parking spaces) and said areas must be clearly marked. At no time should the rights -of -way be utilized for storage or parking of customer, employee or company vehicles parking, nor shall any item(s) be placed, abandoned or allowed to remain in any right-of-way. SECTION SEVENTEEN: CERTIFICATE REQUIRED FOR BOARDING BUILDING t . A certificate of boarding is required for all buildings that are boarded. The fee for certificate of boarding shall be set by resolution of the Board of County Commissioners. 2. No person shall erect, install, place, or maintain boards over the doors, windows, or other openings of any building or structure or otherwise secure such openings by a means other than the conventional method used in the original construction and design of the building or structure without first applying for and, within 30 days of application, completing all of the steps necessary for the issuance of a boarding certificate, and thereafter having a valid and current boarding certificate issued by the county. 3. The Code Enforcement Department shall issue a boarding certificate upon the submission of a written application by the owner of the property or his authorized representative or contractor, upon 19 /3. PREPARED BY and RETURN TO: �. Roger M. Pomeranee, Esq. Roger M. Pomerance, P.A. 1900 Corporate Blvd., NW 1980926 OR: 2105 PG: 0680 6f RICORDID in OFU CIAL RICORDS of COLLIIR COUISI, IL 10/03/15 at VIM DVIGH! 1. BIOCI, CLIII C093 546000.00 Ric 111 33.00 DOC-.it 38:2.De Suite 201A, East Building Reta: Boca Raton, Florida 33431 MORKIIS !14LI 4310 KI?RO ?IVY V:` Property Appraisers Parcel ?i KIIRS IL 33916 Identification (Folio) Number(s): 000005693112Q Grantee TIN: Special Warranty Deed This Special Warranty Deed, made the ..1 day of r r c ` I , 1995, by czzvRox O.s.A. XMC., a Pennsylvania corporation, having a mailing address of P.O. Box 1706, Atlanta, GA 30301 (hereinafter called the "Grantor"), to A.L. gETROLZM, ixC., a Florida corporation, having a mailing address of 8900 Davis Boulevard Exit, Naples, Florida 33942 (herei lled the "Grantee"). (Wherever used Include the pyy each of theirs. WITHESSETH: Tat sun of Ten and o/ consideration, reifil i grants, bargains,e confirms unto the situate and being i`C! described as: iand OGrantee• o this inst Ined above and active successors d signs.) hr nt ,oi and n onsideration of the ( 0 ' nd other valuable w r o a nowledged, hereby e s i s el ases, conveys and cetai `r al property lying, liar County, Florid � d more particularly SEE EXHIBIT "A" 71flE HRETO AND` RPORATED HEREIN (herein �trled party"} The Property is convey to the following: SEE EXHIBIT "B" ATTACHED HERETO AND INCORPORATED HEREIN TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To HAVE AND TO HOLD, the same in fee simple forever. AND Grantor hereby covenants with Grantee that, except as noted on Exhibit "B", at the time of delivery of this Special Warranty Deed, Grantor was lawfully seized of the Property in fee simple, the Property was free from all encumbrances made by Grantor, and that Grantor hereby warrants the title to the Property and will defend same against the lawful claims and demands of all persons claiming by, through or under Grantor, but against none other. 1 OR; 2105 PG, 0681 special warranty Deed -continued - In Witness Whereof, Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: CHEVRON U.S.A. INC. a Pennsylvania corporation c� [signat re of itnessJ ?lkuLL15 S t No By: l ✓� [Printed Name of Witness] .-�.- PRINT NXIss: HAP �' � � DAVIS, 2Q . [signature of Witness] ®�� [Printed Name of Witne aJ 17,111 Cl STATE OF GEORGIA'. COUNTY OF COBB r - Sec [ p + )7A ABOVE] I HEREBY CER t�that, on t1 day ma, an officer dulyqua lifie -o take n� " edgements, personally appeared WAU4 Q DAwS •.11 , s sits' ecretary of CHEVRON U.S.A. INC., a Pennsylvania corpor is personally known to se or - __ij :: --il -- and who executed the foregoing instrument and acknowledged before so that _he executed the same for the purposes set forth therein. NITNESS my hand and sal 1 the County and State last aforesaid this JL!day of , 1995. P int Names - - -- N t # Notary Public MIA Commission No.: My Commission expires: f 1 ` 9hLo�•++� 2 OR; 2105 PG: 0682 Exhibit "A" LEGAL DESCRIPTION A 130UNDARY SURVEY OF Beginning at the Northeast corner of Tract 2 of the: recorded Plat of Gator Gate Unit 2, ar, recorded in Plat Book 7, Page 54, Collier County Public 12ccords, Collier county, Florida; thence run S.0 50'32"W. , along the Last line of said Tract 2 and along the West right of way line of: Stat-951 for a distance of 175.0 feet; thence run N. 09' 421 r.- 'W-IB 0 - i= tance of 161.95 feet; thence run Northwesterly -a ?.5*/ i:c!ct ijong the arc of a non -tangential c' r curve, cic e to the Southwest, radius 905.71 feat, _:u ended by a c rd which bearer North 45*31'09"W. , 52.56 fe t; 1 n` cc t �50, - 18. , for a distance of 138.35 feet to a Poi r �I the rt lin of s- i 'Tract -2 and on the South right of wayj'7 8; thence run South 89' 42' 57"E. along the t i e ang the ac. 2di�tdanceo of 200 South right of way ]�-w ft �S 5 or feet to the point o ni �i�� f Tract 2 of said Plat of Gator Gate 'i ,t: 2 in the rtl ea �1/4 to Section 3 , Florida. Township 50 South, Ra 25 East, Co Q Y� c county, V OR: 2105 PG: 0683 Exhibit "B" 1. Taxes for the year in which the deed is delivered to Grantee. 2. All easements, reservations, exceptions and restrictions of record, which matters are as follows: A. Easement to Florida Power & Light as referred to in Deed recorded in official records book 290, Page 188. 12. Pending municipal assessment liens for public improvements, notice of which is contained in Resolutions recorded in official Records Book 646, Page 1838 and Official Records Book 1770, Page 23, _33 3. Zoning and buildirr' -r F 5 '1icable to the Property. 4. That state of ate depicted on t atecertain survey of the Property prep rei b 0 dated 1117194. t �- 5. The Property ma of se enlial, educational or hospital pur g� 6. That certain "gym ment and agr ent be entered into by Grantor and Gran iet ntemporaneo ith the delivery of the deed and recorded 13 6d, OUs rewith, relating to, among other things, environmental assessment and remedial work to be performed following closing by Grantor on the Property. OR: 2105 PG: 0684 '1�1 CERTIFICATE OF CORPORATE RESOLUTION CHEVRON U.S.A. INC. RESOLVED: That any officer of this Corporation or any division thereof be, and each of them is hereby, empowered in such capacity to execute for and on behalf of this Corporation (without the necessity of affixing the corporate seal) all papers requiring execution in the name of this Corporation, except no authority is conferred by this resolution for execution of any of the following: (1) Leases or deeds to others covering oil, gas or other hydrocarbon or non - hydrocarbon minerals underlying fee lands of this Corporation where either book value or sale price exceeds Twenty -Five Million Dollars ($25,000,000.00) or the acreage exceeds 6,400 acres; (2) Deeds or conveyances to others covering fee lands of this Corporation, other than rights of way and similar easements, where either book value or sale price exceeds Twenty -Five Million Dollars ($25,000,000.00 ' (3) Documents, i r�y�e R c_o,-e>� provided, however, that pro notes and other acquisition of real or person shall not be (4) Documents r is b ' Corporation, or withdra in of u s �r cl i o be it further r- RESOLVED: T e—Se ch party empow d seal of this Corporation t i papers as requa such papers as fully as if s c .authority were gr further r'�t'� notes in support of any borrowings; :tYments given as consideration for the ! "ed to constitute a borrowing; accounts in the name of this -ounts of this Corporation, and ti 0 solution is authorized to affix the to acknowledge and deliver any each particular instance; and be it RESOLVED: That any office orporation or of any division thereof, be and each of them is hereby empowered on behalf of this Corporation to appoint any person or persons whom they or any one of them may deem proper as Agents or Attorneys -in -Fact of this Corporation usually for a term of one (1) year but in no instance to exceed a term of five (5) years with such powers said persons or any of them, may lawfully do by virtue of the authority herein granted to them; and be it further RESOLVED: That the resolutions of similar import adopted by this Board of Directors on July 31, 1991, hereby are rescinded. I, HARRY P. DAVIS, JR., Assistant Secretary of CHEVRON U.S.A. INC., a Pennsylvania corporation, do hereby certify that the foregoing is a full, true and correct copy of certain resolutions adopted by unanimously written consent of Directors of said Corporation dated July 24, 1992 and that said resolutions are in full force and unrevoked. (SEAL) WITNESS my hand and seal of said Corporation this >U-'1day of April, 1995. r! � I 1.�. 1t;drry P. Davis, Jr. Assistant Secretary /a• OR: 2105 PG: 0685 . COMMONWEALTH OF PEN NSYLVAN(A Department of State O,W.1/ 1995 TO Al.L WI IOM J1II SI-. PRESENTS SI IN 1 COW . GREI 1 I NG - I DO HEREBY CER is duly incorporaLed and remains a suhsis show. as of the dal.(I ycaILh of Pennsylvania ol• Lhis offick II•! i;',I Ihitliil '•:Ili i•:! �'� 1t; 11IdG S��:r�:i.�il y� u! 111L. Coll llonwe') It'll DP05 /9. J ' iV!'11'tV ` ='tV ".,•\V1:,, ,tVr='-�V�^'- tvr1'-'1V/1.,�V;.. Matte A.&A." of +iDrpurtment c1t ttttt� utt; cIvj rv: v000 I cortify from thu we c:ord:: of thi,, office: that CI ILVIION U.S.A. INC.. corporation organ,,(.- f under the law:; of Penn:;ylv;mi;I, ,1u11101I.Od to U business in the Stalc, of I-lorida, qualitiod on January 1:3, The do'curnent number of thic;3. � � t✓ I further certify that ctid o ration hac f�nid call f :i d pe imIlle due this through December 3 t t 19 �1,, Vat r ". �t "c:er(t ;Lllr r.tl r(�I�c�rt was lit May 1, 1994, nod itS !/t Itc'r. i': nc.tivc I r I further certify that :.,u cE r or'. ro I a' �o r cci� I U�r rt�. rt�. of V�ithdrawa u 111CII 11116a 111)1 1),111b a11b thr cj,)I-Clt �&cal of tl)r a&tnlr of _ flor'tba, ,it Tz1{a1)aqqcc. the Captf,tl, tutu ti)c Twenty-fir';l b,tp n( ML11c:h, 1'J95 •�� c�>Lc�� c�,�c���c�,tc� c� c -,r,�n�.1rr��t.;r,,n�:.�.�n1.;..,n� ;, rnr, .;n�:;�an , / 1J Image Print �/- "' l f 1 �� # G� �Q �• ' V l �i 1 CD -Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 4 . ----------------- Collier County Printed on 5/17/2007 2:38:05 PM CD -Plus for Windows 95/98/NT Page 1 CDPR0002 - Image Print CD -Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2007040340 new photo of freestanding sign w/ 2 missing panels electrical exposed IMAGE DATE 5/17/2007 Collier County Printed on 1/22/2008 8:29:13 AM CD -Plus for Windows 95/98/NT Page 1 CDPR0002 - Image Print ta,L��`lf/ / A.� CD -Plus Report- Code Case Image 'f`7.S CODE CASE NUMBER IMAGE DESCRIPTION 2007040340 1 of 3 banner signs attached east side of canopy at BP IMAGE DATE 3/30/2007 Collier County Printed on 1/22/2008 8:27:45 AM CD -Plus for Windows 95/98/NT Page 1 CDPR0002 - Image Print CD -Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2007040340 1- elec wall sign [north subway permit# 9615658 affixed IMAGE DATE 5/17/2007 Collier County Printed on 1/22/2008 8:29:43 AM CD -Plus for Windows 95/98/NT Page 1 CDPR0002 - Image Print CD -Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2007040340 shadowing present form the removal of a dunkin donuts - wall sign, no visible permit# affixed. Collier County Printed on 1/22/2008 8:28:36 AM CD -Plus for Windows 95/98/NT Page 1 CDPR0002 - Image Print CD -Plus Report - Code Case Image P47% �0 CODE CASE NUMBER IMAGE DESCRIPTION 2007040340 1-elec wall sign[east] subway, no permit# IMAGE DATE 5/17/2007 Collier County Printed on 1/22/2008 8:30:46 AM CD -Plus for Windows 95/98/NT Page 1 fj�ufputt z\ �p ,,���IGN PERMIT APPLICATION I c--- ,�,q6 �KI � .7..r t EXPRESS PERMIT NO.: COLLIER COUNTY GOVERNMENT ❑ NESS SIGN -NON ELECTRICAL (32 or Less) 2800 N. Horseshoe Dr., Naples, FL 34104 z<r,, SL SIGN -NON ELECTRICAL ( Over 32 Sq](; t )' Phone (941) 403-2400 - FAX (941) 403-3266 ❑ ELSN SIGN -ELECTRICAL* / [ * t tr tor's Listed Number: Property I. D. #c -V,7% 0%X f CSA Initials_ Application Date: <7 , 02 - s UZ Applicant's Name:-&ldnhi,. 11<�� c�l�%- � RT IBC: • Phone No.: �L l) (6/4C) 0--- -j-� v Job Representative:_ `� I m /4 � �\'�ji Contracted Value of Proposed Sign (s) $ Location/Street Address: t 00 Dvif Unit #: Sign Copy: ��B/1% �D fA4 A��/U�/.� Directions to Property: *Complex/Subdivision Naam,/e::,:�- Unified Sign Code #: Owner/Lessee of Sign: AI2 Lei Business Name: (.V0%,Zf Property Owner:_ l Nl Address: l&v W�r City: C"- ' Stater_ Zip: t! Phone No: 1 LEGAL DESCRIPTION e� Subdivision: o-0 �U��3�C - Block: Lot/Parcel: Unit: c,9-) Tract: C Section:_ Township:r _ RangeT.A.Z. No.: _JW- Zoning District:_ PROPERTY USE Commercial 1KIndustrial ll" Residential ❑ Agricultural ❑ Other: Property Status: Improved (Unimproved ❑ Sign Classification: Onsite 2r"'Off-site ❑ Are there any sighs existing on the subject property? YES ❑ NO ✓Cf (Onsite meaning on location of approved project) If there are any signs existing on this subject parcel, a plan shall be submitted showing type, height, area and location of all such signs. This information may be incorporated into the site plan and/or elevation drawing (s) required to obtain the permit for the proposed sign (s). (please check one) COMMERCIAL/Il IDUSTRIAL SITE DESCRIPTION RESIDENTIAL/AGRICULTURAL SITE DESCRIPTION ❑ Single -Occupancy Parcel ❑ Office Complex ❑ Shopping Center ❑ Out Parcel/Shopping Center ❑ Business Park El Industrial Park ❑ Multiple -Occupancy Parcel 13Gasoline Station ❑ Regional Shopping Center ❑ Other (30+ acres & 400,000 sq.R.) ❑ Multi -Family ❑ Mobile Home ❑ Church ❑ Agricultural Use (check all that apply to this perndt) SIGN TYPE SIGN CONSTRUCTION ❑ Ground ❑ Pole tgle Face ❑ Canopy ❑ Wall ❑ Double Face /' t1G' Q'Awning to ❑ Directory ❑ Plastic ❑ Real Estate ❑ Flag Pole ❑ Metal ❑ Construction ❑ Channel Letters ❑ Projecting ❑ Race Way ❑ *Residential Wall/Ground ❑ Wood ❑ Other ❑ Other ❑ Single -Family ❑ R. V. Park ❑ Conditional -Use SIGN ACTION ❑ Erect P'Ai�lter ❑ Move EXISTING SIGN (S) STATUS ❑ Conforming ❑ Legal Non -conforming Note * Applicants must verify with the Addressing Section of Collier County Planning Dcpt. (403-2482) that the proposed develop name is not a duplication prior to submitting this application. Sign Permit Application - Revised 08/09/2001 kzl c x z 0 z c .9, CDPR2025 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CERTIFICATE OF COMPLETION This Certificate is issued persuant to the requirments of the Standard Building Code certifying that at the time of issuance this structure was in compliance with the various ordinances of the county regulating building construction or use. For the following: PERMIT NBR: 26020 io 991 CO NBR: 211566 STATUS: ISSUED CO TYPE: COMP ISSUED DATE: August 23, 2002 ADDRESS: 8900 DAVIS BLVD SUBDIVISION: 584 Gator Gate Unit 2 LOT: 2.3 BLOCK: T.R.S.: SLUC CODE: 26 UTILITY COMPANY: JOB DESC: SUBWAY/DUNKIN' DONUTS AWNING SIGN. OWNER: A L PETROLEUM INC 8900 DAVIS BLVD NAPLES FL 34104-5404 LEGAL DESCRIPTION NUMBER OF METERS: GATOR GATE UNIT 2 BEG AT NE CNR OF TRACT 2, S 175FT, W 161.95FT, NW LY ALG CURVE TO THE LT 52.57FT, N 138.35FT, E 20OFT TO POB S4-076002 Note: A new certificate is required if the use of the building or premises is changed, or if alterations are made to the building or property described. A new certificate voids any certificate of prior date. Jollier County Board of County Commissioners Printed on: 08/23/200; 4:50:48PM :D-Plus for Windows 95/NT Page 1 of 1 r a R t� sm = <CUS73P1Ek I WVICES NAPLE 74 TOTAL DUE. .. -> Tuesday, Aug 14, 2007 10:30 AM COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PERMIT #: 940011887 ISSUED: 11-03-94 BY: LOAD MASTER #: 0 COA #: JOB ADDRESS: 8900 DAVIS BLVD CS JOB DESCRIPTION: (2) ELEC. WALL SIGNS PERMIT PERMIT TYPE: NESG APPLIED DATE: 11-03-94 JOB PHONE: VALID #: 887 APPROVAL DATE: 11-03-94 SUBDIVISION #: 584 - Gator Gate Unit 2 BLOCK: FLOOD MAP: 0025 ZONE: D ELEVATION: FOLIO #: 0000034740160001 SECTION -TOWNSHIP -RANGE 3 50 26 OWNER INFORMATION: CONTRACTOR INFORMATION: LENNOX, ART/CHEVRON HAWKEYE SIGN & ART, INC. 5941 ALMADEN DR. 3992 PROSPECT AVE. GATOR GATE UNIT 2 NAPLES, FL 33940 NAPLES, FL 34104 CERTIFICATE #: 12468 FCC CODE: 999 - EXPRESS/NON-RESIDENTIAL OTHER CONSTRUCTION CODE: 10 OTHER JOB VALUE: TOTAL SQFT: SETBACKS FRONT: SEWER: REAR: LEFT: SEPTIC WATER: CONTACT NAME: DON MILLER CONTACT PHONE: (941)643-4420 RIGHT: WELL LOT: 2 — 2 PHONE: (941)643-4420 Per Collier County Ordinance No. 2002-01, as it maybe amended, all work must comply with all applicable laws, codes, ordinances, and any additional stipulations or conditions of this permit. This permit expires if work authorized by the permit is not commenced within six (6) months from the date of issuance of the permit. Additional fees for failing to obtain permits prior to the commencement of construction may be imposed. Permittee(s) further understands that any contractor that may be employed must be a licensed contractor and that the structure must not be used or occupied until a Certificate of Occupancy is issued. NOTICE: PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE, FEDERAL AND STATE LAWS REQUIRE THE PERMITTEE (EITHER THE OWNER OR CONTRACTOR) TO SUBMIT A NOTICE OF THE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP). FOR MORE INFORMATION, CONTACT DEP AT (239) 332,6975. In addition to the conditions of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PERMIT #: ISSUED: MASTER #: 960015658 12-11-96 BY: LOAD 0 COA #: JOB ADDRESS: 8900 JOB DESCRIPTION: PERMIT PERMIT TYPE: NESG APPLIED DATE: 12-11-96 DAVIS BLVD. CS (1) ELEC.WALL SIGN - MOBIL VALID #: 565 APPROVAL DATE: 12-11-96 SUBDIVISION #: 584 - Gator Gate Unit 2 BLOCK: LOT: 2.3 FLOOD MAP: ZONE: ELEVATION: FOLIO #: 0000034740160001 SECTION -TOWNSHIP -RANGE 3 50 26 OWNER INFORMATION: CONTRACTOR INFORMATION: A & L PETROLEUM BOCA SIGNS, INC. 8900 DAVIS BLVD. 130 SPANISH RIVER BLVD. N.W. GATOR GATE NAPLES, FL 34112 BOCA RATON,FL 33431-4214 CERTIFICATE #: 13238 PHONE: 561-395-8810 FCC CODE: 999 - EXPRESS/NON-RESIDENTIAL OTHER CONSTRUCTION CODE: 10 / OTHER JOB VALUE: TOTAL SQFT: SETBACKS FRONT: REAR: LEFT: RIGHT: SEWER: SEPTIC WATER: WELL CONTACT NAME: ART CONTACT PHONE: (941)855-5666 Per Collier County Ordinance No. 2002-01, as it may be amended, all work must comply with all applicable laws, codes, ordinances, and any additional stipulations or conditions of this permit. This permit expires if work authorized by the permit is not commenced within six (6) months from the date of issuance of the permit. Additional fees for failing to obtain permits prior to the commencement of construction may be imposed. Permittee(s) further understands that any contractor that may be employed must be a licensed contractor and that the structure must not be used or occupied until a Certificate of Occupancy is issued. NOTICE: PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE, FEDERAL AND STATE LAWS REQUIRE THE PERMITTEE (EITHER THE OWNER OR CONTRACTOR) TO SUBMIT A NOTICE OF THE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP). FOR MORE INFORMATION, CONTACT DEP AT (239) 332-6975. In addition to the conditions of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. Valao-m •STWN •aAla SIAva oo6o �{aow Aa-nd aoldomd = m= O ! LL aQ a. ! a� Wym* as Qpd a o �a$ v ffl� v 1 ■ilY .fit%• p t O C Q �g3 i. V O � 00 M o iltF��; a 00 -9!#11�f 1 U'ili • � � � j�{fit �.x I. Y Z O o 41��� �iMRi a I }' Rif€10_s; uj o if., ill ;l 11 iFl� � lili i` Jill } a CDPR2025(� COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CERTIFICATE OF COMPLETION This Certificate is issued persuant to the requirments of the Florida Building Code certifying that at the time of issuance this structure was in compliance with the various ordinances of the county regulating building construction or use. For the following: PERMIT NBR: 960015658 CO NBR: 113682 CO TYPE: COMP ISSUED DATE: April 28, 1998 ADDRESS: 8900 DAVIS BLVD. CS SUBDIVISION: 584 Gator Gate Unit 2 LOT: 2.3 BLOCK: T.R.S SLUC CODE: 26 UTILITY COMPANY: JOB DESC: (1) ELEC.WALL SIGN - MOBIL OWNER: A & L PETROLEUM 8900 DAVIS BLVD. GATOR GATE NAPLES FL 34112 LEGAL DESCRIPTION STATUS: ISSUED 61i1MIM NUMBER OF METERS: GATOR GATE UNIT 2 BEG AT NE CNR OF TRACT 2, S 175FT, W 161.95FT, NW LY ALG CURVE TO THE LT 52.57FT, N 138.35FT, E 20OFT TO POB S4-076002 Note: A new certificate is required if the use of the building or premises is changed, or if alterations are made to the building or property described. A new certificate voids any certificate of prior date. Collier County Board of County Commissioners Printed on: 1/23/2008 3:27:03PM CD -Plus for Windows 95/NT Page 1 of 1 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. A.L. PETROLEUM, INC., Respondent CEB NO. 2007040340 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on January 24, 2008, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: FINDINGS OF FACT That A. L. Petroleum, Inc. is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, appeared at the public hearing. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 8900 Davis Blvd., Naples, Florida, Folio No. 34740160001, more particularly described as (see attached legal) is in violation of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 10.02.06(B)(1)(e), 10.02.06(13)(2)(e)(i), 10.02.06(B)(2)(a), 10.02.06(B)(e)(d), and 10.02.06(13)(2)(d)(ix); and Collier County 2004.58, Property Maintenance for the Unincorporated Area of Collier County, sections 16(1)(n)(3) and 16(2)(j) in the following particulars: Pole sign altered without required permit and is not being maintained in good repair. Three banners attached to the canopy without required permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 10.02.06(B)(1)(e), 10.02.06(13)(2)(e)(i), 10.02.06(B)(2)(a), 10.02.06(B)(e)(d), and 10.02.06(13)(2)(d)(ix); and Collier County 2004.58, Property Maintenance for the Unincorporated Area of Collier County, sections 16(1)(n)(3) and 16(2)0) be corrected in the following manner: 1. By obtaining all required Collier County Building Permits, Inspection, and Certificate of Completion for all signs within 90 days (April 23, 2008). The permit number is to be affixed to the sign at the time of CO. 2. In the alternative, by removing all non -permitted signs including supporting structures within 90days (April 23, 2008). Should a wall sign be removed, removal is to include any shadowing that may be created. 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by April 23, 2008 then there will be a fine of $100 per day for each day for each day the violation remains. 4. That if, in the alternative, the Respondent does not comply with paragraph 2 of the Order of the Board by April 23, 2008, then there will be a fine of $100 per day for each day the violation remains. 5. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 6. That the Respondent is are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $573.86 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this —30_ day of �, 2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: ��� Sheri Barnett, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this,4 day of 5� , 2008, by Sheri Barnett, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or ,� who has produced a Florida Driver's License as identification. .M� KRISTINE HOLTON *. .= MY COMMISSION # DD 686585 (. := EXPIRES: June 18, 2011 Bonded Thru Notary Public 6nderw6ters Lin-,, NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to A. L. Petroleum, Inc., Arthur H. Lennox, Reg. Agent, 8900 Davis Blvd, Naples, FL 34104 this �0 day of 2008. itale of WAWA :,alinry of L,%'jLL14 ER l~ I wit 44 ` *r § I 'Ai this ':'a trig — tire. i r ONVIGHT L. c:R u5t, C fl_? ,:tA ""F CQUR I ti 'f. S D C. M. Jean Rawson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239)263-8206 PREPARED BY and RETURN TO: Roger K. Poseranee, Esq. Roger M. Pomerance, P.A. 190o Corporate Blvd., NW 1980926 OR: 2105 PG: 0680 RICORDID in M ICIA: RECORDS of COLLIER C00171. !L I0/03135 at 02:061K DVIGH! I. 910CI, CLIRI =3 546100,00 Ric III 33.00 Dec-.?" 181.2.00 Suite 201A, East Building Retn: Booa Raton, Florida 33431 MORRtiS !ITLI 43I0 KITIO PIYT 12!0 Property Appraisers Parcel IT MiIRS IL 33916 Identification (Folio) Number(s): 0000056931120003 Grantee TIN: Special Warranty Deed This Special Warranty Deed, made the .21 day of Kg S1 , 1995, by czzvRox O.s.A. INC., a Pennsylvania corporation, having a mailing address of P.O. Box 1706, Atlanta, GA 30301 (hereinafter called the "Grantor"), to A.L. BETSOLNUM, INC., a Florida corporation, having a mailing address of 8900 Davis Boulevard Exit, Naples, Florida 33942 (hereivaftex--• fled the "Grantee"). [Wherever used Include the pau each of their] WITNESSETH: at sun of Tan and o/ consideration, re iF grants, bargains, eI confirms unto the r� situate and being i' C described as: ��', to r 3r • and •Granteew `to thl■ Inst fined above and �ectives_u_c_c_essor& d slons. h nt , �n and n�onsideration of the 0 nd other valuable w r o a nowledged, hereby e s i s el &sea, conveys and ce `r al property lying, lier County, to `idaf 'a d more particularly SEE EXHIBIT "A" As ED HERETO (herein 1 � 11ed _t The Property is HEREIN the following: SEE EXHIBIT "B" ATTACHED HERETO AND INCORPORATED HEREIN TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To HAVE AND TO HOLD, the same in fee simple forever. AND Grantor hereby covenants with Grantee that, except as noted on Exhibit "B", at the time of delivery of this Special Warranty Deed, Grantor was lawfully seised of the Property in fee simple, the Property was free from all encumbrances made by Grantor, and that Grantor hereby warrants the title to the Property and will defend same against the lawful claims and demands of all persons claiming by, through or under Grantor, but against none other. 1 ii. OR: 2105 PG: 0681 Special Wan-mty Deed -continued - In Witness Whereof, Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: CHEVRON U.S.A. INC. a Pennsylvania corporation [Signat re of fitness] / ?144LL15 t No By:.�� [Printed_Name�f Witness) //�i �t --� PRINT NAME: ME L. t� DAVIS, .! Q . [Signature of Witness] [printed Name of Nit STATE OF GEORGIA COUNTY OF COBB s] cco S,ec� AHovsj * Aft o., inMa I HEREBY CER i �that,,,;on�06, day bW'PCr* no, an officer dul qualifie edgements, personally appeared N4�� R'hAwf- � F retary of CHEVRON U.S.A. INC., a Pennsylvania corpor wpersonally. known_ to so or -- and who ixecuted the foregoing instrument and acknowledged before so that _he executed the same for the purposes set forth therein. WITNESS myiand and sal i the County and State last aforesaid this � day of _ 4 a LAjT 1995. P int Nams: HA 1 L Notary Public Commission No.: A/A_ Hy Commission expires: ra■.++bo 2 OR: 2105 PG: 0682 Exhibit I WAS P LEGAL DESCRIPTION A IIOUNDARY SURVEY OF Beginning at the Northeast corner of Gator Gate Unit 2, ar accorded county Public Record::, Collier S.0''50'32"W., along the East line West right of way line of Stat feet; thence run N.09 42' ' .." . thence; run Northwesterly of a non -tangential c' r cu radius 905.71 feat, :,u ended 45'31'09"W. , 52.56 fe t;// I QnccC 138.35 feet to a poi i, the,�t South right of way li 39' 42' 57"E. along t c t i e South right of way i-tI fat feet to the point o Plat of Gator Gate i t: 2 in t Township 50 South, RE A `25 Ecist, of Tract 2 of the: recorded Plat in Plat Book 7, Page 54, Collier County, Florida; thence run of said Tract 2 and along the 4__F,-951 for a distance of 175.0 a-hV-'iH-_--di_tancr of 161.95 feet; -<< .. � '? . !;'1 i'cct along the arc rve, cc e to the Southwest, by a c: rJ which bears North 50' "'I:. , for a distance of lin of s- i 'Tract Z and on the 8; thence run South a' N ac 2 And along the S 5 -or a distance of 200 b iv f Tract 2 of said he rheas 1/4 of Section 3, Co CtI . Y, Florida. Ccr OR: 2105 PG: 0683 Exhibit "B" 1. Taxes for the year in which the deed is delivered to Grantee. 2. All easements, reservations, exceptions and restrictions 'of record, which matters are as follows: fl. Easement to Florida Power & Light as referred to in Deed recorded in Official records book 290, Page 188. 12. Pending municipal assessment liens for public improvements, notice of which is contained in Resolutions recorded in Official Records Book 646, Page 1838 and Official Records Book 1770, Page 3. Zoning and buildi 4. That state of /a� Property 5. The Property hospital purl 6. That certain depicted on and Grantor and Gran b!�b ntempor iicable to the Property. t�certain survey of the Inc., dated 11,17194. en�ial, educational or be entered into by th the delivery of the deed and recorded si al— 0,01 �- -rewith, relating to, among a •s other things, environmental assessment and remedial work to be performed following closing by Grantor on the Property. /-7 OR: 2105 PG: 0684 CERTIFICATE OF CORPORATE RESOLUTION CHEVRON U.S.A. INC. RESOLVED: That any officer of this Corporation or any division thereof be, and each of them is hereby, empowered in such capacity to execute for and on behalf of this Corporation (without the necessity of affixing the corporate seal) all papers requiring execution in the name of this Corporation, except no authority is conferred by this resolution for execution of any of the following: (1) Leases or deeds to others covering oil, gas or other hydrocarbon or non - hydrocarbon minerals underlying fee lands of this Corporation where either book value or sale price exceeds Twenty -Five Million Dollars ($25,000,000.00) or the acreage exceeds 6,400 acres; (2) Deeds or conveyances to others covering fee lands of this Corporation, other than rights of way and similar easements, where either book value or sale price exceeds Twenty -Five Million Dollars ($25,000,000.00 s-�or�prsupport of an (3) Documents, i 0 notes in su � Pp Y borrowings; f3 provided, however, that pro notes and oth caments given as consideration for the acquisition of real or perso" shall not be emed to constitute a borrowing; (4) Docume IS r is b ' n� arc accounts in the name of this Corporation, or withdra in (of u s r I i o n ,kra k counts of this Corporation, and be it further n �� RESOLVED: etC� ach party empowd byi solution is authorized to affix the seal of this Corporation to,1;papers as requ`irtt � aft d to acknowledge and deliver any such papers as fully as if authority were gr �i% sic' each particular instance; and be it further �1v RESQLVED: That any office orporation or of any division thereof, be and each of them is hereby empowered on behalf of this Corporation to appoint any person or persons whom they or any one of them may deem proper as Agents or Attorneys -in -Fact of this Corporation usually for a term of one (1) year but in no instance to exceed a term of five (5) years with such powers said persons or any of them. may lawfully do by virtue of the authority herein granted to them; and be it further RESOLVED: That the resolutions of similar import adopted by this Board of Directors on July 31, 1991, hereby are rescinded. I, HARRY P. DAVIS, JR., Assistant Secretary of CHEVRON U.S.A. INC., a Pennsylvania corporation, do hereby certify that the foregoing is a full, true and correct copy of certain resolutions adopted by unanimously written consent of Directors of said Corporation dated July 24, 1992 and that said resolutions are in full force and unrevoked. WITNESS my hand and seal of said Corporation this o?S'day of April, 1995. (SEAL) rry P. Davis, Jr. Assistant Secretary - I'a COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. Reinaldo and Zoraida Jardines and Sylvia Jimenez, Respondent(s) Case No. 2007030794 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 n Notice of Violation 3 Copy of Applicable Ordinance 4-9 Deed 10-11 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Dept. Case No. 2007030794 Plaintiff, VS. REINALDO AND ZORAIDA JARDINES AND SILVIA JIMENEZ, Respondents NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: January 24, 2008 TIME: 9:00 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: 7 Creek Circle SERVED: Reinaldo and Zoraida Jardines and Silvia Jimenez, Respondents Inv. Christopher Ambach, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE -HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:OOAM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board. at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner VS. DEPT CASE NO.2007030794 Jardines, Reinaldo and Zoraida, Silvia Jimenez, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s) 04-41 as amended, of the Collier County Land Development Code, Sections 10.02.06 (B )(1) (A), 10.02.06 (B) (1) (D) and 10.02.06 (B) (1) (D) (1) amended June 2007 to 10.02.06 (B) (1) (e) and 10.02.06 (B) (1) (e) (I) respectively and The Florida Building Code, Section 105.7. 2. Description of Violation: new seawall construction without first obtaining all required Collier County Permits 3. Location/address where violation exists: 7 Creek Cir. Naples Fl. 34114 4. Name and address of owner/person in charge of violation location Reinaldo and Zoraida Jardines and Silvia Jimenez 5. Date violation first observed: 3/28/2007 6. Date owner/person in charge given Notice of Violation: 4/3/2007 7. Date on/by which violation to be corrected: 5/3/2007 8. Date of re -inspection: 5/4/2007 9. Results of Re -inspection: violation continues to exist STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above -described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this q_day of 2007 Christopher Ambach Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER REV 3-3-Q5 d subscribed before this `� day of �E t' �. ��1, 2007 by Sworn t ed) any d (Si.gfidture of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known X or produced identification Type of identification produced -atu'oa v?naX0e alaNruv ainu aaaxoc 110Z 01 " 00 :82jldx3 996£ZLQa# uo199lmmo0 0sapavo lsn0A vanlou 10 31V1S-D WW ANvioN Case Numberc�wO3 COLLIER COUNTY CODE ENFORCEMENT Building Permits, Administrative Code & Other Permit Requirements0 NOTICV OF VIOLATION %(�(� 1 R el ,==dent ��o fyQ�e R�r;n �Q Date: Investigator. Athock Phone: 239- 1 fil Zoning Dist 4191 Sec Twp Rug a2 Mailing: CF K C Legal: Subdivision l�R.t `� Block Lot Location: Cr 4 A a+f.5VII17 Folio L/9S 3 o ya a o 2 OR Book Page Unincorporated Collier County Violation: Pursuant to Collier County Code Enforcement Board Ordinance 05- 55 and 97-35, as amended, you are notified that a violation(s) of the following codes exist: Ordinance 2003-37 Collier County Right -of -Way Ordinance ❑Section 5 Permits. It shall be unlawful for ao� Responsible Party to dig, excavate, obstruct, or place any construction or other material, or perform any other work which disturbs the existing structure and/or compaction of soil in any right-of-way maintained by Collier County within the boundaries of any municipal corporation, without first obtaining a permit for such work, etc. (Also found in Section 110, Article II of the Collier County Code of Laws and Ordinances, Section 110-31) K 'ance 04-41, as amended, Land Development Code, Sec. 10.02.06(B)(1) ng or land alteration permit and certificate of occupancy 02.06(B)(1)(a)Zoning action on building permits... no building or cture shall be erected, moved, added to, altered, utilized or allowed to exist... without first obtaining the authorization of the required building ermit(s), inspections, and certificate(s) of occupancy, etc. 10.02.06(B)(1)(e) Improvement of property prohibited prior to issuance building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this land development code or other applicable county regulations. J10.02.06(B)(1)(e)(i) In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). Collier County Code of Laws and Ordinances Section 22, Article II ❑103.11.1 Unsafe Buildings or Systems. All buildings, structures, electrical, gas, mechanical, or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human like, or which in relation to existing uses, constitutes a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal, etc ❑103.1.1.2 Physical Safety [pools]. Where pool construction commences prior to occupancy certification of a one or two family dwelling unit on the same property, the fence or enclosure required shall be in place at the time of final building inspection.... Where pool construction is commenced after occupancy certification of a one or two family dwelling unit on the same property. the fence or enclosure required shall be in place prior to filling of the pool unless during the period commencing with filling of the pool and ending with completion of the required fence or enclosure, temporary fencing or an approved substitute shall be in place, etc. ❑104.13.5 Prohibited Activities prior to Permit Issuance. A building permit (or other written site specific work authorization such as for excavation, tree removal, well construction, approved site development plan, filling, re - vegetation, etc.) shall have been issued prior to the commencement of work at the site. Activities prohibited prior to permit issuance shall include, but are not limited to, excavation pile driving (excluding test piling), well drilling, formwork, placement of building materials, equipment or accessory structures �\ and disturbance or removal of protected species or habitat, etc. ction 106.1.2 Certificate of Occupancy. L3106.1.2 Certificate of Occupancy. Upon satisfactory completion of construction of a building or structure ... and after the final inspection, the Building Official shall issue a Certificate of Occupancy stating the nature of the occupancy permitted, ... with the provisions of this Code. Notice of Violation Original to File Copy to Respondent Violation (continued): Florida Building Code 2004 Edition Section 105.1 Permit Application ❑105.1 When required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. AI'05n o105.7 Placement of Permit .7 The building permit or copy shall be kept on the site of the work ntil the completion of the project. Section 111.1 Service Utilities ❑111.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official. Other Or`dinance/N rrative: �QAtA P W�r m 4 Nk V1 FA Iv nC e, r- Order to Correct Violations : Nus pity be in compliance with all Collier County Codes and Ordinances. for and obtain all permits required for described structure/improvements: OR remove said structure/improvements, including materials from property and restore to a permitted state. Must request/cause required inspections to be performed and obtain a ertificate of occupancy/completion. OR depolish described improvements/structure and remove from property. 4O. A 17N*0 M'-A-, ❑Must effect, or cause, repair and/or rehabilitation described unsafe building/structure/systems: OR remedy violation by me of perm ed demolition of same. Violation(s) must be CORRECTED BY: 0 Failure to correct violations may es It in: 1) Mandatory notice to appe or ssuance of a citation that may result in fines up to $500 and co f secution. OR 2) Code Enforcement B g iew that may result in fines up to 1000 per day_p= ation, as the violation remains, costf of Copy for Site Posting Copy for Official Posting Rev06/16/06 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RECODIFYING THE COLLIER COUNTY LAND DEVELOPMENT CODE,'_WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED .AREA OF COLLIER COUNTY, '-FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 917102, AS AMENDED;. PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, 'FINDINGS OF FACT; SECTION THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE. MORE SPECIFICALLY BY CREATING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, -INCLUDING SEC. 1.01.00 TITLE, SEC. 1.02.00 AUTHORITY, SEC. 1.03:00 RULES OF CONSTRUCTION, SEC. 1.04.00 APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND INTENT, SEC. 1.06.00 RULES OF INTERPRETATION, SEC. 1.07.00 LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINITIONS; CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING SEC. 2.01.00 GENERALLY, SEC. 2.02.00 ESTABLISHMENT OF ZONING DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN ZONING DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC. 2.06.00 AFFORDABLE HOUSING DENSITY BONUS, SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTECTION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDANGERED, THREATENED, OR LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTECTION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00 GENERALLY, SEC. 4.02,00 SITE DESIGN STANDARDS, SEC. 4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS, SEC. 4.05.00 OFF-STREET PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RETENTION; SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC.-4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES AND STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS, INCLUDING AN AMENDMENT TO SEC. 5.06.06 POLITICAL SIGNS; CHAPTER 6 -,INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC. 6.01.00 GENERALLY, SEC. 6.02.00 ADEQUATE PUBLIC FACILITIES REQ6IREMENTS, SEC, 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8 - DECISION -MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC. 8,02.00 BOARD OF COUNTY COMMISSIONERS, SEC..8.03.00 PLANNING COMMISSION, SEC. 8.04.00 BOARD OF ZONING APPEALS, SEC. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, . SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. 9.02.00 DEVELOPMENT WITH VESTED RIGHTS, SEC. 9.03.00 NONCONFORMITIES, SEC. 9.04.00 VARIANCES; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION -MAKING PROCEDURES. INCLUDING SEC. 10.01.00 GENERALLY, SEC. 10.02.00 APPLICATION REQUIREMENTS, SEC. 10.03.00 NOTICE REQUIREMENTS, SEC. 10.04.00 REVIEW AND ACTION ON APPLICATIONS FOR DEVELOPMENT ORDERS AND PETITIONS FOR AMENDMENTS TO THE OFFICIAL ZONING MAP, THE LDC, OR THE GMP, SEC. 10.05.00 AMENDMENTS TO DEVELOPMENT ORDERS, SEC. 10.06.fl0 APPEALS, SEC. 10.07.00 ENFORCEMENT, SEC.. 10.08.00 CONDITIONAL USES PROCEDURES, AND APPENDICES A THROUGH H INCLUDING A NEW APPENDIX "H" OF CROSS-REFERENCES BETWEEN THE LDC AND UDC;. SECTION FOUR, REPEALER; SECTION FIVE, CONFLICT AND SEVERABILITY; SECTION SIX, PUBLICATION AS THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SEVEN, 'EFFECTIVE DATES. 1�. APPLICATION, REVIEW, AND DECISION -MAKING PROCEDURES 10.02.0 A.2. 10.02.06 B.I. public facility below the level of service established in the Collier County growth manage- ment plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For pur- poses of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application forbuilding or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be Supp. No. 2 LDC10:85 COLLIER COUNTY LAND DEVELOPMENT CODE 0 nq.06 B 1 � lo.02.06 B.I. required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Properly stakes shall be in place at the commencement of construction. C. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. eration permit d. Adequate public facilities required.No tlin accordance with the Collier orCouty certifi- cate of occupancy shall be issued excep Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e, improvement of property prohibited prior to issuance of building permit No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a -building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on -site or to permit construction of an approved water management system, to minimize stockpiles and hauling off -site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. I. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). DC10:s6 % LORIDA UIL 114 F: 2004 Florida Building Code, Building First Printing Publication Date: October 2004 COPYRIGHT © 2004 by INTERNATIONAL CODE COUNCIL, INC. ALL RIGHTS RESERVED. This 2004 Florida Building Code, Building contains substantial copyrighted material from the 2003 International Building Code which is a copyrighted work owned by International Code Council, Inc., 5203 Leesburg Pike, Suite 600, Falls Church, Virginia 22041-3401 [Phone (703) 931-4533]. Without advance written permission from the copyright owner, no part of this book may be reproduced, distributed, or transmitted in any form or by any means, including, without limitation, electronic, optical or mechanical means (by way of example and not limitation, photocopying, or recording by or in an information storage retrieval system). For information on permission to copy material exceeding fair use, please contact: ICC Publications, 4051 West Flossmoor Road, Country Club Hills, Illinois 60478-5795 [Phone (708) 799-2300]. Trademarks: "International Code Council," the "International Code Council" logo and the "International Building Code" are trademarks of the International Code Council, Inc. PRINTED IN THE U.S.A. im �09311 Page 6 of 7 105.4.1.4 n The fee for renewal reissuance and extension of a permit shall be set forth by the administrative authority. 105.5 Reserved. '105.6 Reserved. 105.7 Placement of permit. The building permit or copy shall be kept on the site of the work until the completion of the project. 105.8 Notice of commencement. As per Section 713.135, Florida Statutes, when any person applies for a building permit, the authority issuing such permit shall print on the face of each permit card in no less than 18-point, capitalized, boldfaced type: "WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT." 105.9 Asbestos. The enforcing agency shall require each building permit for the demolition or renovation of an existing structure to contain an asbestos notification statement which indicates the owner's or operator's responsibility to comply with the provisions of Section 469.003, Florida Statutes, and to notify the Department of Environmental Protection of his or her intentions to remove asbestos, when applicable, in accordance with state and federal law. 105.10 Certificate of protective treatment for prevention of termites. A weather -resistant job -site posting board shall be provided to receive duplicate treatment certificates as each required protective treatment is completed, providing a copy for the person the permit is issued to and another copy for the building permit files. The treatment certificate shall provide the product used, identity of the applicator, time and date of the treatment, site location, area treated, chemical used, percent concentration and number of gallons used, to establish a verifiable record of protective treatment. If the soil chemical barrier method for termite prevention is used, final exterior treatment shall be completed prior to final building approval. 105.11 Notice of termite protection. A permanent sign which identifies the termite treatment provider and need for reinspection and treatment contract renewal shall be provided. The sign shall be posted near the water heater or electric panel. 105.12 Work starting before permit issuance. Upon approval of the building official, the scope of work delineated in the building permit application and plan may be started prior to the final approval and issuance of the permit, I Prepared by: 3827445 OR: 4025 PG: 1516 Shannon Del Real IICOIDiD in 01PICIlL HCORDS of COLLIII COUCY, PL Title Services of Collier County, LLC 04/26/2006 at 01:30I OUGHT I. HROCI, CLIRI 3363 Tamiami Trail North MIS 240000.01 Naples, Florida 34103 RIC 111 18.50 File Number: N2195 DOC-.70 1680.00 Leta: TIm SBIYIC s 01 COLLAR CO PICI DP Warranty Deed Made this April 21, 2006, A.D. by Terry 3ames Entrican and Sharon Lee Entrican, husband and wife, whose address is: 7 Creek Circle, Naples, Florida 34114, hereinafter called the grantor, to Reinaldo Sardines and Zoraida Sardines, husband and wife and Silvia 311menez, a married woman, whose post office address is: 4407 Liberty Ave., North Bergen, NJ. 07047, hereinafter called the grantee: (Whenever used herein the term "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) Witnesseth, that the grantor, for and in consideration of the sum of Ten Dollars, ($10.00) and other valuable considerations, receipt where acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and rr t fji�.tee, all that certain land situate in Collier County, Florida, viz: G0�' ? Parcel No. 6: n O H Being a part of Lot 6 and dock F, HEND C EEK PARK, a recorded in Plat Book 4, page 6, Public ords of Col i , Florida, and other lands, all lying and being in Sectio nd 11, T s lip 51 South, Range 26 East, Collier County, Florida, and bemg,Ttgre pa`ra arty described as follows: Beginning at the most Northerly corner of Lot 7, Block F, HENDERSON CREEK PARK, run South 51 degrees 56' 50" East, along the Northeasterly line of said Lot 7 and its extension for 172.38 feet: thence run South 01 degrees 59' 00" West, for 120.07 feet: thence run North 76 degrees 59' 03" West for 65.82 feet: thence run North 01 degrees 59' 00" East, for 101.90 feet: thence run North 40 degrees 56' 30" West, for 128.75 feet to the most Westerly corner of said Lot 7 and the Right -of -Way of Henderson Creek Circle: thence run 20.16 feet along the arc of a curve, concave to the Northwest, having a radius of 105 feet and subtanded by a chord having length of 20.13 feet and bearing North 43 degree 33' 10" East to the POINT OF BEGINNING. Parcel ID Number. 49530480009 Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. Y. un; wcj ru; 1J11 --* And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to December 31, 2005. In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in our presence: WONl�i:�� _ Witness Printed Name-5 - bel- :A Witn6P nted Name State of Florida County of Collier The foregoing instrument was and Sharon Lee Entrican, husba ism) CMANSSpN DD 25682 EXPIRES OCT. 24,2007 BONOMTHROUCH as „w, DEED Individual Warranty Deed - Legal on Face Closers' Choiee (seal) Terry Jlaoiiiirtntrican Sharon Lee Entrican , 2006, by Terry James Entrican )wn to me or who has produced My Commission Expires: CDPR0002 - Image Print . # � �r 7 C -3 7 9� CD -Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2007030794 mortered cinderblock wall and back of quickcrete stacked. IMAGE DATE 10/17/2007 Collier County Printed on 1/23/2008 1:37:01 PM CD -Plus for Windows 95/98/NT Page 1 CDPR0002 - Image Print CD -Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2007030794 bags of quickcrete IMAGE DATE 10/17/2007 Collier County Printed on 1/23/2008 7:43:28 PM CD -Plus for Windows 95/98/NT Page 1 CDPR0002 - Image Print CD -Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2007030794 mortered cinderblock wall and back of quickcrete stacked. IMAGE DATE 10/17/2007 Collier County Printed on 1/23/2008 7:27:21 PM CD -Plus for Windows 95/98/NT Page 1 CDPR0002 - Image Print CD -Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2007030794 retaining wall ends.... several stacked quickcrete bags continue around IMAGE DATE to the back of the property 10/17/2007 Collier County Printed on 1/23/2008 7:56:27 PM CD -Plus for Windows 95/98/NT Page 1 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. REINALDO AND ZORAIDA JARDINES AND SYLVIA JIMENEZ, Respondents CEB NO. 2007030794 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on January 24, 2008, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: FINDINGS OF FACT That Reinaldo and Zoraida Jardines and Sylvia Jimenez are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents, having been duly notified, appeared at the public hearing. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 7 Creek Circle, Naples, Florida 34114, Folio 49530480009, more particularly described as (see attached legal) is in violation of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 10.02.06(B)(1)(A), 10.02.06(B)(1)(D) and 10.02.06(B)(1)(D)(I0) (amended June 2007 to 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(I) respectively, and The Florida Building Code, Section 105.7 in the following particulars: New seawall construction without first obtaining all required Collier County Permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 10.02.06(B)(1)(A), 10.02.06(B)(1)(D) and 10.02.06(B)(1)(D)(I) (amended June 2007 to 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(I) respectively, and The Florida Building Code, Section 105.7 be corrected in the following manner: 1. By obtaining all required Collier County Building Permits, Inspection, and Certificate of Completion for seawall within nine months (October 24, 2008). 2. In the alternative, by obtaining a demolition permit for the removal of the seawall through to an issuance of a certificate of completion within nine months (October 24, 2008). 3. That if the Respondents do not comply with paragraph 1 of the Order of the Board by October 24 , 2008 , then there will be a fine of $50 per day for each day for each day the violation remains. 4. That if, in the alternative, the Respondents do not comply with paragraph 2 of the Order of the Board by October 24 , 2008, then there will be a fine of $50 per day for each day the violation remains. 5. That the Respondents are to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 6. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $314.90 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this day of, 2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER 12UNTY, FLORIDA BY: Sheri Barnett, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me thisday of rr , 2008, by Sheri Barnett, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or ✓ who has produced a Florida Driver's License as identification. sic "''� KRIS11NE HOLTON MY COMMISSION # DD 686595 EXPIRES: June 18, 2011 '$,R f� Bonded Thru Notary Public Undermtor, NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Reinaldo and Zoraida Jardines and Silvia Jimenez, 7 Creek Circle, Naples, FL 34114 this =1-%" day of j 2008. tare Ot F t.C.4' 11;A Dunry ut CCLLI�R HEREBY C: 't. to ii;*T i1�Is true and orrecY : ` :Ount :.r e 1,s r ITts /(��/�Q�:'i :, ai this )WIGHT�����''•al�i,, 'r it fiat COURTS r. M. Jean Rawson, Esq.' Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239)263-8206 Prepared by: 3827445 OR; 4025 PG; 1516 Shannon Del Real RICORDID in OYYICIAL RICORDS of COLLIER COUNTY, YL Title Services of Collier County, LLC 04/26/2006 at 01:34PN DVIGST I. IROCI, CLIRI 3363 Tamiami Trail North CONS 240000.00 Naples, Florida 34103 Be 111 11.50 File Number: N2195 DOC-.70 1600.00 Beta: TIM SIRVIC13 01 COLLIER CO YICI UP Warranty Deed Made this April 21, 2006, A.D. by Terry James Entrican and Sharon Lee Entrican, husband and wife, whose address is: 7 Creek Circle, Naples, Rorida 34114, hereinafter called the grantor, to Reinaldo Jardines and Zoraida Jardines, husband and wife and Silvia Jimenez, a married woman, whose post office address is: 4407 Liberty Ave., North Bergen, NJ. 07047, hereinafter called the grantee: (Whenever used herein the term "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) Witnesseth, that the grantor, for and in consideration of the sum of Ten Dollars, ($10.00) and other valuable considerations, receipt where acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and rri��i� tee, all that certain land situate in Collier County, Florida, viz: �d�' ?� Parcel No. 6: � (f "((I) V� � �l Being a part of Lot 6 and lock F, HEND �3 EEK PARK, a recorded in Plat Book 4, page 6, Publi ords of Colli a y, Florida, and other lands, all lying and being in Sectio ; nd 11, T s Ip 51 South, Range 26 East, Collier County, Florida, and be glr . gaLr a arly described as follows: Beginning at the most Northerly corner of Lot 7, Block F, HENDERSON CREEK PARK, run South 51 degrees 56' 50" East, along the Northeasterly line of said Lot 7 and its extension for 172.38 feet: thence run South 01 degrees 59' 00" West, for 120.07 feet: thence run North 76 degrees 59' 03" West for 65.82 feet: thence run North 01 degrees 59' 00" East, for 101.90 feet: thence run North 40 degrees 56' 30" West, for 128.75 feet to the most Westerly corner of said Lot 7 and the Right -of -Way of Henderson Creek Circle: thence run 20.16 feet along the arc of a curve, concave to the Northwest, having a radius of 105 feet and subtanded by a chord having length of 20.13 feet and bearing North 43 degree 33' 10" East to the POINT OF BEGINNING. Parcel ID Number. 49S30480009 Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. .,.... vn: lucj rv: lilt """ And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to December 31, 2005. In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in our presence: State of Florida County of Collier The foregoing instrument was and Sharon Lee Entrican, husb S.DEL REAL iSRLi j� CCWS =1 DD 2 o5682 PIRES OCT. 2a, OONM THROUM I DM O W AOYAWAM NOTARY OF F! DEED Individual Warranty Deed - Legal on Face Closers' Choice (seat) Tent' 3aqffWEntr1lCan Sharon Lee Entrican ti ��R CQU 2006, by Terry James Entrican vn to me or who has produced My Commission Expires: f COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. Mary Edwards, Respondent(s) Case No. 2006080127 ITEM Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed PAGE(S) 1 2 3-5 6-10 11-12 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Dept. Case No. 2006080127 VS. MARY EDWARDS, Respondent Plaintiff, NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: January 24, 2008 TIME: 9:00 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: 47 Moon Bay St. SERVED: Mary Edwards, Respondent Inv. Christopher Ambach, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE -HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:OOAM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY ^BOARD OF COUNTY COMMISSIONERS, Petitioner VS. DEPT CASE 2006080127 , Respondent(s) Mary Edwards STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s) 04-41 as amended of the Collier County Land Development Code sections 10.02.06 (B) (1) (A), 10.02.06 (B) (1) (e), 10.01.06 (B) (1) (e) (i) and The Florida Building Code 2004 Edition section 105.1 2. Description of Violation: Enclosed living space attached to existing mobile home without first obtaining all required Collier County permits. 3. Location/address where violation exists: 47 Moon Bay St. Naples Fl. 34114 4. Name and address of owner/person in charge of violation location: Mary Edwards, 47 Moon Bay St. Naples Fl. 34114 5. Date violation first observed: July 26, 2006 �. 6. Date owner/person in charge given Notice of Violation: June 21, 2007 7. Date on/by which violation to be corrected: July 21, 2007 8. Date of re -inspection: September 28th 2007 9. Results of Re -inspection: Violation continues to exist. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above -described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this � _day of O 2007 CC Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sw (or affirmed) and subscribed before this�day of 7QiC, 2007 by (Signalu e of Notary Public) (Print/Type/Stamp Commissioned Personally known or produced identification Type of identification produced REV 3-3-05 Lih r�s'b �� �►�-�, Name of Notary Public) NWARY PUBLIC • STATE OF FLORIDA 1 D�t�iission M. D618572 Expires: NOV. 29, 2010 BONDED THRU ATL NInC BON'DItiG CO., INc. ts, .nt Case Number COLLIER COUNTY CODE ENFORCEMENT Building Permits, Administrative Code & Other Permit Requirements Date: IOLATION A Date: j� j Investigator: 45 - pw `j a 4A ailing : P;t,442. 4- )cation:wa4 S'+ - J /y Unincorporated Collie ounty Phone: 239- a��4y6 Zoning Dist ullk l Q Sec D�� Twp % Rug QC..Q_ Legal: Subdivision A f4 AyPjrme Block Lot S 4yi� Folio 68i94,k o Oy8' OR Book � � Page /Q;96 Violation: Pursuant to Collier County Code Enforcement Board Ordinance 95- �•as amended, you are notified that a violation(s) of the following /rc• b codes exist: �/`d• e�a0� — OA Ordinance 2003-37 Collier County Right -of -Way Ordinance ❑Section 5 Permits. It shall be unlawful for any Responsible Party to dig, excavate, obstruct, or place any construction or other material, or perform any other work which disturbs the existing structure and/or compaction of soil in any right-of-way maintained by Collier County within the boundaries of any municipal corporation, without first obtaining a permit for such work, etc. (Also found in Section 110, Article II of the Collier County Code of Laws and Ordinances, Section 110-31) Ordinance 04-41, as amended, Land Development Code, Sec. 10.02.06(B)(1) iding or land alteration permit and certificate of occupancy 10.02.06(13)(1)(a)Zoning action on building permits... no building or structure shall be erected, moved, added to, altered, utilized or allowed to exist —without first obtaining the authorization of the required building permit(s), inspections, and certificate(s) of occupancy, etc. *0.02.06(B)(1)(e) Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced ,,'�ior to the issuance of a building permit where the development proposed luires a building permit under this land development code or other applicable county regulations. V10.02.06(B)(1)(e)(i) In the event the improvement of property, construction of ///// any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). Collier County Code of Laws and Ordinances Section 22, Article II ❑103.11.1 Unsafe Buildings or Systems. All buildings, structures, electrical, gas, mechanical, or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human like, or which in relation to existing uses, constitutes a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal, etc ❑103.113 Physical Safety [pools]. Where pool construction commences prior to occupancy certification of a one or two family dwelling unit on the same property, the fence or enclosure required shall be in place at the time of final building inspection.... Where pool construction is commenced after occupancy certification of a one or two family dwelling unit on the same property. the fence or enclosure required shall be in place prior to filling of the pool unless during the period commencing with filling of the pool and ending with completion of the required fence or enclosure, temporary fencing or an approved substitute shall be in place, etc. ❑104.13.5 Prohibited Activities prior to Permit Issuance. A building permit (or other written site specific work authorization such as for excavation, tree removal, well construction, approved site development plan, filling, re - vegetation, etc.) shall have been issued prior to the commencement of work at the site. Activities prohibited prior to permit issuance shall include, but are , -.pot limited to, excavation pile driving (excluding test piling), well drilling, I )miwork, placement of building materials, equipment or accessory structures and disturbance or removal of protected species or habitat, etc. Section 106.1.2 Certificate of Occupancy. ❑106.1.2 Certificate of Occupancy. Upon satisfactory completion of construction of a building or structure ... and after the final inspection, the Building Official shall issue a Certificate of Occupancy stating the nature of the occupancy permitted, ... with the provisions of this Code. Violation (continued): Florida Building Code 2004 Edition Retion 105.1 Permit Application 05.1 When required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. Section 105.7 Placement of Permit ❑105.7 The building permit or copy shall be kept on the site of the work until the completion of the project. Section 111.1 Service Utilities F-1111.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official. Other Ordinance/Narrative: 1 1 ro bserv¢a helo%eA a OC! h AJ-iAc oA J-- 'Z—u h S�d2 2.Ald, '�S Db F�a►('r►Q� a �; •�r�r� turn O er to Correct Violation(s): ust be in compliance with all Collier County Codes and Ordinances. pply for and obtain all permits required for described structure/improvements: OR remove said structure/improvements, including materials from property and restore to a permitted state. Must request/cause required inspections to be performed and obtain a / "certificate of occupancy/completion. OR demolish described improvements/structure and remove from. property. Ov%a obkacV1 tft%0 Perva►I}s . ❑Must effect, or cause, repair and/or rehabilitation of described unsafe building/structure/systems: OR remedy violation by means of permitted demolition of same. Violation(s) must be CORRECTED BY: % Q Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to S1000 per day per violation, as long as the violation remains, and costs of prosecution. :r on nt's Signature ate. 01 O`a �X s �gator's Si re Date/ CD 0 3 000 CD cr C 0 r 0 CA co b N {�L C7 C3 C3 ru RI C3 C3 d C3 w --j Er m CQ O: n <d 0 N W 0 0 0 c 0 N N aap�(D2 0ci�?33 • BCD 800 a� m 0 • � @ 1 0) � � Qfl.N n M,= C3 CD CD CD M- cy CL — � W CD aCD Ep C1 •O CA ^*0 a Fes. =r 0 CD 0 3omm�o • w F a. 3 c� m W• M c�m I [ncal) cr N)• U ay m 0 Q Q CD @ su Q. CL b GO �-- cr cu 3 a n o p CD = 0 � oaCD cfl Q toI Ow 'w CD a. CD CD �f 0 w 3 CD CL �r y CL N f C� cr x • c z 0 0 %%j z m v C o r )- m C .MGM a m AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIERCOUNTY, FLORIDA, RECODIFYING THE COLLIER COUNTY LAND DEVELOPMENT'GODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED .AREA OF COLLIER COUNTY, '-FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 91= 02, AS AMENDED;.*PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, :FINDINGS. OF - FACT; SECTION THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE., MORE SPECIFICALLY BY CREATING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.01.00 TITLE, SEC. 1.02.00 AUTHORITY, SEC. 1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.00'APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND INTENT, SEC. 1.06.00 RULES OF INTERPRETATION, SEC. 1.07.00 LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINITIONS; CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING SEC. 2.01.00 GENERALLY, SEC. 2.02.00 ESTABLISHMENT OF ZONING DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN ZONING DISTRICTS, SEC. 2:05.00 DENSITY STANDARDS, SEC. 2.06.00 AFFORDABLE HOUSING DENSITY BONUS, SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 8,02.00 FLOODPLAIN PROTECTION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDANGERED, THREATENED, OR LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTECTION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00 GENERALLY, SEC. 4.02.00 SITE DESIGN STANDARDS, SEC. 4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS, SEC. 4.05.00 OFF-STREET PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RETENTION; SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC.-4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES AND STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS, INCLUDING AN AMENDMENT TO SEC. 5.06.06 POLITICAL SIGNS; CHAPTER 6 -.INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC. 6.01.00 GENERALLY, SEC. 6.02.00 ADEQUATE PUBLIC FACILITIES REQ61REMENTS, SEC, 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8 - DECISION -MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC. 8.02.00 BOARD OF COUNTY COMMISSIONERS, SEC. .8,03.00 PLANNING COMMISSION, SEC. 8:04.00. BOARD OF: ZONING APPEALS, SEC. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. 9.02.00 DEVELOPMENT WITH VESTED RIGHTS, SEC. 9.03.00 NONCONFORMITIES, SEC. 9.04.00 VARIANCES; CHAPTER '10 - APPLICATION, REVIEW, AND DECISION -MAKING PROCEDURES; INCLUDING SEC. 10.01.00 GENERALLY, SEC. 10.02.00 APPLICATION REQUIREMENTS, SEC. 10.03.00 NOTICE REQUIREMENTS, SEC. 10.04.00 REVIEW AND ACTION ON APPLICATIONS FOR DEVELOPMENT ORDERS AND PETITIONS FOR AMENDMENTS TO THE OFFICIAL ZONING MAP, THE LDC, OR THE GMP, SEC. 10.05.00 AMENDMENTS TO DEVELOPMENT ORDERS, SEC. 10.06.00 APPEALS, SEC. 10.07.00 ENFORCEMENT, SEC. 10.08..00 CONDITIONAL USES PROCEDURES, AND APPENDICES A THROUGH H INCLUDING A NEW APPENDIX "H" OF CROSS-REFERENCES BETWEEN THE LDC AND UDC; SECTION FOUR, REPEALER; SECTION FIVE, CONFLICT AND SEVERABILITY; SECTION SAX, PUBLICATION AS THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SEVEN, EFFECTIVE DATES. APPLICATION, REVIEW, AND DECISION -MAKING PROCEDURES 10.02.06 A.2. 10.02.06 B.I. public facility below the level of service established in the Collier County growth manage- ment plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For pur- poses of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application forbuilding orland alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and ^ not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be Supp. No. 2 LDC10:85 COLLIER COUNTY LAND DEVELOPMENT CODE 10 02 06 13.1 10.02.06 13.1. required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. C. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certifi- cate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on -site or to permit construction of an approved Water management system, to minimize stockpiles and hauling off -site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). Supp. No. 2 LDC10:86 6 LORID,A UILDING 2004 Florida Building Code, Building First Printing Publication Date: October 2004 COPYRIGHT © 2004 by INTERNATIONAL CODE COUNCIL, INC. ALL RIGHTS RESERVED. This 2004 Florida Building Code, Building contains substantial copyrighted material from the 2003 lntemational Building Code which is a copyrighted work owned by International Code Council, Inc., 5203 Leesburg Pike, Suite 600, Falls Church, Virginia 22041-3401 [Phone (703) 931-4533]. Without advance written permission from the copyright owner, no part of this book may be reproduced, distributed, or transmitted in any form or by any means, including, without limitation, electronic, optical or mechanical means (by way of example and not limitation, photocopying, or recording by or in an information storage retrieval system). For information on permission to copy material exceeding fair use, please contact: ICC Publications, 4051 West Flossmoor Road, Country Club Hills, Illinois 60478-5795 [Phone (708) 799-2300]. Trademarks: "International Code Council," the "International Code Council" logo and the "International Building Code" are trademarks of the International Code Council, Inc. PRINTED IN THE U.S.A. O SECTION 105 PERMITS Page 1 of 7 PERMITS SECTION 105 PERMITS 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. 106.1.1 Annual facility permit. In lieu of an individual permit for each alteration to an existing electrical, gas, mechanical, plumbing or. interior nonstructural office system(s), the building official is authorized to issue .an annual permit for any occupancy to facilitate routine or emergency service, repair, refurbishing, minor renovations of service systems or manufacturing equipment installations/relocations. The building official shall be notified of major changes and shall retain the right to make inspections at the facility site as deemed necessary. An annual facility permit shall be assessed with an annual fee and shall be valid for one year from date of issuance. A separate permit shall be obtained for each facility and for each construction trade, as applicable. The permit application shall contain a general description of the parameters of work intended to be performed during the year. 105.1.2 Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such records at all times or such records shall be filed with the building official as designated. 105.1.3 Food permit. As per Section 500.12, Florida Statutes, a food permit from the Department of Agriculture and Consumer Services is required of any person who operates a food establishment or retail store. 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code. Permits shall not be required for the following: Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1. Portable heating appliance. 2. Portable ventilation equipment. 2279521 OR; 2388 PG; 1206 neens is 011ICM 11C0111 of COU111 CO m, 1L 12/11/11 at 13:23M WIG" 1. I10C1► CUB UC Iq Isla: IOC-. 71 .71 51111w i Olin 1 0 IM 7121 WUS 1131111 7121 WITHOUT EXAMINATXON OR OPINION OF TITLE THIS QUIT CLAIM DEED, executed this t day of hr-7I1 1998, by MARY EDWARDS as Personal Representatienv of the Estate of Glen Shears Sr., whose post office address is 46 Moonbay Street, N lee, Florida 34114, first party, to MARY EDWARDS, a divorc a post office address is 46 Moonbay Street Na lea 1 - nd whose social security number is nd party:, WITNESSETH: a id firs arty, for and in consideration of t e 0 AND FEC 0 in hand paid by the said second party, t s ereby acknowledged, does hereby remis , e e e n l i u to the said second party forever, al r' t e, In a es , claim and demand which the said fi sit y nd following described lot, piece or of land, si to g and being in the County of Collier, a of Florida . o w Property ID No. 6834 1 8 Lot 45 and Lot 47, juIV according to the plat recorded at ook 13, Page 51 of the Public Records of Collier County, Florida. This is homestead property. TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behoof of the said second party forever. IN WITNESS WHRRSOF, the said first party has signed and sealed these presents the day and year first above written. 1 *** OR: 2388 PG: 1207 M Signed, sealed and delivered in the presence of: tness Print Name; �b;E 1tE ��. �OI�Er�rl�V - Print Name i Ma Edwards Address:46 Moonbay St. Naples, FL 34116 STATE OF FLORIDA COUNTY OF COLLIER The fo egoing instrument was acknowledged before me this day of � F j 1 Z A,1998, by MARY EDWARDS as the Personal Represeritdtjv6 to of GLEN SHEARS SR., who is or who produced - as identi------- -- f�cation. THIS INSTRUMENT RICHARD D. SPARKMAN, ESQ. BPARKNM AND QUINN# P.A• Post Office Box 7128 Naples, Florida 34101-7128 Tel. No. (941) 643-6263 si Frin 1v Ccvv>Vary ommi IAL N0TAFN777\-!-' NO?AIZY 1't;Rl I( ll)ti!\t1L'5!t �\ ��) l MY ca\IM1Still)\ ir —X l 2 O A. ITENA 1 I-FY tkY i'liBt.lC Sl'ATF <N+ Fl.ORIDA t,tt\tlti5!( 1\ No t t aoRO'l; Yin, �1 -"4zou,)• Y CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. MARY EDWARDS, Respondent CEB NO.2006080127 ORDER ON MOTION TO CONTINUE THIS CAUSE came on for public hearing before the Board on January 24, 2008, on the Respondents' Motion to Continue, and the Board having heard considered the matter, and being duly advised in the premises, hereby GRANTS the said Motion to Continue. ORDER OF THE BOARD Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 92-80, it is hereby ORDERED: That the Respondents' Motion for Continuance is GRANTED for 60 days. This matter will be heard on March 27, 2008. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 30 day of I/f2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY:,z9 - Sheri Barnett, Chair 2800 North Horseshoe Drive A Naples, Florida 34104 1c, a true and ..a GW�VFjT-..izro COURT.. a 0 �. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this � day of - �7t4 - , 2008, by Sheri Barnett, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or ✓ who has produced a Florida Driver's License as identification. 1611STiNE HOLTON ?,r MY COMMISSION N DD 686595 x. EXPIRES: June 18,2011 � Rf Bonded Thm Notary Pubk Underwriters NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Mary Edwards, 47 Moon Bay Street, Naples, FL 34114 this '-3- ci" " day of C —v 1, 2008. M. Jear} awson, sq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239)263-8206 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Carlos Pio and Melva Pio, Respondent(s) Case No. 2006070980 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-5 Copy of Applicable Ordinance 6-12 Deed 13 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, VS. Plaintiff, CARLOS PIO AND MELVA PIO, Respondents Dept. Case No. 2006070980 NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: January 24, 2008 TIME: 9:00 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: 3160 4th Street NW SERVED: Carlos Pio and Melva Pio, Respondents Inv. Michelle Scavone, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE -HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:OOAM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner n VS. DEPT CASE 2006070980 Carlos Pio and Melva Pio, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s ) 0441,as amended, Land Development Code, sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), 10.02.06(B)(1)(e)(i) and Florida Building Code 2004 Edition Section 105.1 2. Description of Violation: Tiki Hut with electric built in rear yard with out valid Collier County permits. 3. Location/address where violation exists: 3160 4t' Street NW Naples Florida 34120 4. Name and address of owner/person in charge of violation location: Carlos Pio and Melva Pio 3160 4`h Street Nw Naples Florida 34120 5. Date violation first observed: July 25, 2006 6. Date owner/person in charge given Notice of Violation: August 27, 2007. 7. Date on/by which violation to be corrected: September 10, 2007. 8. Date of re -inspection: September 11, 2007. 9. Results of Re -inspection: Violation remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above -described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. r\ Dated this _day of ���' , 2007 Miclielle Scavone Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to a ed ubscri d before thisf i day off, 2007 by • �..��Mn/MM�NMN.MN (Signaf of Notary Public) � r �e/SY R D�N'f1M� 1 Personally known or produced identification #,: �so�if12011 Rwida ��ti.:JiFUi Aswy L' u Type of identifica io produced ...... REV 3-3-05 2_ Case Number 28878feSW �If►1-t Respondent Carlos Pit: Melva Pio COLLIER COUNTY CODE ENFORCEMENT Building Permits, Administrative Code & Other Permit Requirements NOTICE OF VIOLATION Date: 8/27/07 Investigator: M. Scavone -ding : 3160 4'h Street NW Phone: 239-213-2973 Zoning Dist Estates Sec 21 Twp 48 Rng 27 Legal: Subdivision 707 Block 80 Lot 0 Naples Florida 34120 Location: 3160 4 Street NW Folio Unincorporated Collier County Violation: Pursuant to Collier County Consolidated Code Enforcement Ordinance 07-44, you are notified that a violation(s) of the following codes exist: Ordinance 2003-37 Collier County Right -of -Way Ordinance ❑Section 5 Permits. It shall be unlawful for any Responsible Party to dig, excavate, obstruct, or place any construction or other material, or perform any other work which disturbs the existing structure and/or compaction of soil in any right -if -way maintained by Collier County within the boundaries of any municipal corporation, without first obtaining a permit for such work, etc. (Also found in Section 110, Article II of the Collier County Code of Laws and Ordinances, Section 110-31) Ordinance 04-41, as amended, Land Development Code, Sec 10.02.06(B)(1) Building or land alteration permit and certificate of occupancy 010.02.06(B)(1)(a)Zoning action on building permits... no building or structure shall be erected, moved, added to, altered, utilized or allowed to exist —without first obtaining the authorization of the required building permit(s), inspections, and certificate(s) of occupancy, etc. 010.02.06(B)(1)(e) Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this land development code or other applicable county regulations. 10.02.06(B)(1)(e)(i) In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). Collier County Code of Laws and Ordinances Section 22, Article II ❑103.11.1 Unsafe Buildings or Systems. All buildings, structures, electrical, gas, mechanical, or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human Iike, or which in relation to existing uses, constitutes a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal, etc ❑103.11.2 Physical Safety [pools]. Where pool construction commences prior to occupancy certification of a one or two family dwelling unit on the same property, the fence or enclosure required shall be in place at the time of final building inspection.... Where pool construction is commenced after occupancy certification of a one or two family dwelling unit on the same property. the fence or enclosure required shall be in place prior to filling of the pool unless during the period commencing with filling of the pool and ending with completion of the required fence or enclosure, temporary fencing or an approved substitute shall be in place, etc. ❑104.13.5 Prohibited Activities prior to Permit Issuance. A building permit (or other written site specific work authorization such as for excavation, tree removal, well construction, approved site development plan, filling, re - vegetation, etc.) shall have been issued prior to the commencement of work at the site. Activities prohibited prior to permit issuance shall include, but are not limited to, excavation pile driving (excluding test piling), well drilling, formwork, placement of building materials, equipment or accessory structures and disturbance or removal of protected species or habitat, etc. erection 106.1.2 Certificate of Occupancy. ]106.1.2 Building occupancy. A new building shall not be occupied or a change made in the occupancy, nature or use of a building or part of a building until after the building official has issued a certificate of occupancy, etc. Notice of Violation Original to File Copy to Respondent 37645480003 OR Book 3159 Page Violation (continued): Florida Building Code 2004 Edition Section 105.1 Permit Application ®105.1 When required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit Section 105.7 Placement of Permit ❑105.7 The building permit or copy shall be kept on the site of the work until the completion of the project Section 111.1 Service Utilities ❑111.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official. 1153 Other Ordinance/Narrative: Tiki Hut built behind home, on property with out first obtaining Collier County building permits. Order to Correct Violation(s): ®Must be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for described structure/improvements: OR remove said structure/improvements, including materials from property and restore to a permitted state. ®Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion. OR demolish described improvements/structure and remove from property. ❑Must effect, or cause, repair and/or rehabilitation of described unsafe budding/structure/systems: OR remedy violation by means of permitted demolition of same. Violation(s) must be CORRECTED BY: C) Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to S1000 per day per violation, as long as the violation remains, and costs of prosecution. Respond is Si Date ga � Investigator's SignZire Date Copy for Site Posting Copy for Official Posting Rev 6/07 Z AFFIDAVIT OF MAILING 5 n Respondent(s): CARLOS & NIELVA PIo 3160 4TH ST NW NAPLES, FL 34120 Case Nbr - 2006070980 THE DESCRIPTION OF THE DOCUMENT(S) POSTED IS/ARE: (Check the applicable document(s) Notice of Violation Notice of Hearing ❑ Notice of Hearing/Imposition of Fines ❑ Citation ❑ Notice to Appear ❑ Code Enforcement Board Evidence Packet ❑ Other. Code Case CEB # I, Y' l eT L r k , hereby swear and affirm that a true and correct copy of the (Code Enforcement Official) notice referenced above, has been sent by First Class, U.S. Mail to the above respondent(s) at (Address) On this day of 20 Signatur Title STATE OF FLORIDA COUNTY OF COLLIER S rn to (or affuzne and subscribed befor np this day o 200 —by i 1 (Name c rs m eMo-] (Si No Pc) ��/ w�www�wr¢n•¢wmwn�nnww OARY P. DMI M (Print, or stamp Comm DD0027r14 Commissioned name of Notary Public)E*m��'•, 1f7 _ �, gFw?E'-'` F°a.:c"a Nblaryaasn.. tric '. Personally Known R_acanu¢r_c.,_c_¢a:.:aaacc¢as¢an¢aanuv¢H Produced Identification• Type of Identification Produced n Affidavit of Mailing Original to File Rev 6103 m ReSponden*): CARLOS 4- MELVA plo 3160 4TH ST NW NAPLES, FL 34120 Case Nbr - 2006070980 T= DESCRNUON OF THE DOCUMENT(S) POSTED LSJARE: (Check the applicable documents) Notice of kobiion ❑ Notice of Searing n Notice of Hearing/imposition of Fines �] Citation ❑ Notice to Appear ❑ Code m&meme& Board Evidence Packet ❑ Other. Code Case 01A'07 0 Q CEB # ___ do hereb (Code Enforcement Official) Y swear an dm that I have personally posted the above described document(s) for the above respondents at 3 c) L�t ti V �-�- r VynoIQ S (Address) on C { �U ,and at the.Collier County Courthouse. Mate) (Time) 10 Signature STATE OF.FLORIDA COUNTY OF COLLIER SWom W (or d) and subscribed before nx by-1-1C1 • (Name /(N- of No t , �iARY P. O�AM1N P Comm DD0827084 Commissioned name of Notary Public) PM=ta11 Produced IdentifiCar.Oa--- wumnununaoesiucsvie:eccc:ccor_s_==n. Type of Identification Produced Affidavit of Posting Original to F4le COPY of Posted Notice and Pwt ums Attached 6IQ3 Florida. Credit is gratefully given to the other members of the publisher's staff for their cooperation and assistance during the progress of the work on this publication. 10-11.1 The publisher is most grateful to Mr. Patrick G. White, Assistant County Attomey, and Mr. Russell Webb, Principal Planner, for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in making the Land Development Code readily available to the public. 'rA01 C 1AICGT• ►l1L7 LL. IIrv1... i . MUNICIPAL CODE CORPORATION Tallahassee, Ronda ORDINANCE NO. 04-41 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RECODIFYING THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 91-102, AS AMENDED; PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.01.00 TITLE, SEC. 1.02.00 AUTHORITY, SEC. 1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.00 APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND INTENT, SEC, 1.06.00 RULES OF INTERPRETATION, SEC. 1.07.00 LAWS ADOPTED BY �-. REFERENCE, SEC. 1.08.00 DEFINITIONS; CHAPTER 2 -ZONING DISTRICTS AND USES, INCLUDING SEC. 2.01.00 GENERALLY, SEC. 2.02.00 ESTABLISHMENT OF ZONING DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN ZONING DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC. 2.06.00 AFFORDABLE HOUSING DENSITY BONUS, SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTECTION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDANGERED, THREATENED, OR LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTECTION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00 GENERALLY, SEC. 4.02.00 SITE DESIGN STANDARDS, SEC. 4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS, SEC. 4.05.00 OFF-STREET PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RETENTION, SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES AND STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS, INCLUDING AN AMENDMENT TO SEC. 5.06.06 POLITICAL SIGNS; CHAPTER 6 - INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC. 6.01.00 GENERALLY, SEC. 6.02.00 ADEQUATE E PUBLIC FACILITIES REQUIREMENTS, SEC. 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8 - DECISION -MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC. 8.02.00 BOARD OF COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION, SEC. 8.04.00 BOARD OF ZONING APPEALS, SEC. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. 9.02.00 DEVELOPMENT WITH VESTED RIGHTS, SEC. 9.03.00 NONCONFORMITIES, SEC. 9.04.00 VARIANCES; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION -MAKING PROCEDURES, INCLUDING SEC. 10.01.00 GENERALLY, SEC. 10.02.00 APPLICATION REQUIREMENTS, SEC. 10.03.00 NOTICE REQUIREMENTS, SEC. 10.04.00 REVIEW AND ACTION ON APPLICATIONS FOR DEVELOPMENT ORDERS AND PETITIONS FOR AMENDMENTS TO THE OFFICIAL ZONING MAP, THE LDC, OR THE GMP, SEC. 10.05.00 AMENDMENTS TO DEVELOPMENT ORDERS, SEC. 10.06.00 APPEALS, SEC. 10.07.00 ENFORCEMENT, SEC. 10.08.00 CONDITIONAL USES PROCEDURES, AND APPENDICES A THROUGH H, INCLUDING A NEW APPENDIX "H" OF CROSS-REFERENCES BETWEEN THE LDC AND UDC; SECTION FOUR, REPEALER; SECTION FIVE, CONFLICT AND SEVERABILITY; SECTION SIX, PUBLICATION AS THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SEVEN, EFFECTIVE DATES. n RECITALS WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners (Board) adopted Ordinance No. 91-102, the Collier County Land Development Code (LDC), which became effective on November 13, 1991, and which has been subsequently amended by numerous ordinances comprising eighteen (18) supplements; and WHEREAS, the Board has directed that the LDC be revised to update and simplify its format, and use; and WHEREAS, the Collier County Planning Commission, acting in part in its capacity as the Local Planning Agency pursuant to 9 163.3194 (2), F.S., in a manner prescribed by law, did hold an advertised public hearing on May 6, 2004, which was continued for a hearing on May 20, 2004, which was continued for a separately advertised final consideration and vote on June 17, 2004, and did take affirmative action concerning these revisions to the LDC, including finding that the provisions of the proposed recodification of the LDC implement and are consistent with the adopted Growth Management Plan of Collier County; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold an advertised public hearing on May 11, 2004, which was continued for a hearing on May 25, 2004, which was continued for a separately advertised final adoption hearing on June 22, 2004, and did take affirmative action concerning these revisions to the LDC; and WHEREAS, the revisions to, and recodification of, the LDC does not substantively alter in any way the prior existing LDC text and the substantive provisions of this Ordinance are ^ hereby determined by this Board to be consistent with and to implement the Collier County 10.02.06 Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Developmentof regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier �. County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order ofjor] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered , utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, http://library4.municode.com/newords/DoeView/13992/l/66/68 9/27/2007 6 moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless heshall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms ; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the ^� commencement of construction. c. Construction and use to be as provided in applications, status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. ^ e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building http://Iibrary4.municode.comJnewords/DocView/1 3992/l/66/68 9/27/2007 - --a- - -- - permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on -site or to permit construction of an approved water management system, to minimize stockpiles and hauling off -site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). http://Iibrary4.municode.com/newords/DocView/13 992/1 /66/68 9/27/2007 LORIDA UIL _i �� 0 2004 Florida Building Code, Building First Printing Publication Date: October 2004 111-N COPYRIGHT © 2004 by INTERNATIONAL CODE COUNCIL, INC. ALL RIGHTS RESERVED. This 2004 Florida Building Code, Building contains substantial copyrighted material from the 2003 International Building Code which is a copyrighted work owned by International Code Council, Inc., 5203 Leesburg Pike, Suite 600, Falls Church, Virginia 22041-3401 [Phone (703) 931-4533]. Without advance written permission from the copyright owner, no part of this book may be reproduced, distributed, or transmitted in any form or by any means, including, without limitation, electronic, optical or mechanical means (by way of example and not limitation, photocopying, or recording by or in an information storage retrieval system). For information on permission to copy material exceeding fair use, please contact: ICC Publications, 4051 West Flossmoor Road, Country Club Hills, Illinois 60478-5795 [Phone (708) 799-2300]. Trademarks: "International Code Council," the "International Code Council" logo and the "International Building Code" are trademarks of the International Code Council, Inc. PRINTED IN THE U.S.A. PERMITS ,•-� SECTION 105 PERMITS 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. 105.1.1 Annual facility permit In lieu of an individual permit for each alteration to an existing electrical, gas, mechanical, plumbing or interior nonstructural office system(s), the building official is authorized to issue an annual permit for any occupancy to facilitate routine or emergency service, repair, refurbishing, minor renovations of service systems or manufacturing equipment installations/relocations. The building official shall be notified of major changes and shall retain the right to make inspections at the facility site as deemed necessary. An annual facility permit shall be assessed with an annual fee and shall be valid for one year from date of issuance. A separate permit shall be obtained for each facility and for each construction trade, as applicable. The permit application shall contain a general description of the parameters of work intended to be performed during the year. 105.1.2 Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such records at all times or such records shall be filed with the building official as designated. 105.1.3 Food permit As per Section 500.12, Florida Statutes, a food permit from the Department of Agriculture and Consumer Services is required of any person who operates a food establishment or retail store. 105.2 Work exempt from permit Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code. Permits shall not be required for the following: Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1. Portable heating appliance. 2. Portable ventilation equipment. http://iafosolutions.c,omliecelgateway.dBJ3/8?f=templates$fa=document-frame.ht n$3.0$q... 3/23/2007 12. Return to: Carlos Fla Name: Address: S251 Golden Gate Parkway Ste D Naples, FL 34116 This Instrument Prepared: Property Appraisers Parcel I.D. (}olio) Number(s): *** 3083355 OR: 3159 PG: 1153 >r>t>t 1ICOR11I1) in 01TICIt1 HCORDS of COLLRR CD11M, IL 11121/2002 nL 04:32P1 WIGnt 1. BROCI, Cult ne M i,o0 IIDIUM 2.00 DOC-.76 .70 WARRANTY DEED Beta: ems Pm S2s1 QOLDIa WITI PM fD wus n 3111i This Warranty Deed Made the 2ltb day of November 2002, by Ruben Leon and Sara Leon, Husband and wife and Carlos Pie and Melva Pie, Husband and wife hereinafter called the grantor, whose post office address is: to Carlos Pie and Melva Pie, Husband and Wife, whose post office address is: 5251-D Golden Gate Parkway, Naples, FL 34116, hereinafter called the grantee, WI'INESSETH: That said grantor, for and in consideration of the sum of sko.00 Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises. releases, conveys and confum% unto the grantee, all that certain land situate in Collier County. Florida. %iz: The South % of Tract 80N, of that certam subdivision know as Golden Gate Estates Unit No 2 t, according to the map or Plat Thereof on File and Recorded in The Office of the Clerk of the Circuit Court of Collier County . Florida. in Plat Book 7, Pages 81 and 82. The property Is not the homestead of d TOGETHER with all the tenements To Have and to Hold, the sa41a And the grantor hereby covehas good tight and lawful auwill defend the same against taxes acc uing subsequent to Rhe tem,-8ranlar- aced "gmala Witness Whereof, G SIGNED IN THE PRESENCE OF cl Aix cou" be construed to inciade unto set grantor's han WITNESSES " crc t" Witness Signature: LQ , Printed Name: 2ad Witness Signature Primed Name: or in anywise appertaining. said land in fee simple; that the grantor fully warrants the title to said land and and is free of all encumbrances, except s of record, if any. or plur st as the corow indicot, sj year first above written. STATE OF Florida COUNTY OF Collier ' f Yl0► e,-]&,'A s The foregoing tictr ument was acknowledged before me this day of Septemborr2W, by Ruben Leon and Sara Leon and Carlos Pio and Melva Pia, Husband and Wife, who is/are personally known to me or who hashlave produced driver license(s) as identification, and who did / did not take an oath. My Commission Expires: Notary Signature Print Name: SEAL Serial Number pll!/11NILFN95- 71Ytllq MYCOMM 1�Na0 MIM p1Pmk"I.2006 a.iaattw aagllaaHna.a�a I� COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. Teudis Zamora, Respondent(s) Case No. 2006120209 ITEM PAGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 2 3-5 6-15 16-17 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Dept. Case No. 2006120209 VS. TEUDIS ZAMORA, Respondent Plaintiff, NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: January 24, 2008 TIME: 9:00 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: 3471 2nd Avenue SE SERVED: Teudis Zamora, Respondent Inv. Michelle Scavone, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE -HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:OOAM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE J COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE 2006120209 Teudis Zamora, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s ) 2004-41, as amended, section 10.2.06 (B) (1) (a), 10.2.06 (B) (1) (E), 10.2.06 (B)(1)(E)(i) of the Collier County Land Development Code; Collier County Code of Laws and Ordinances Section 22, Article II 104.1.3.5, 106.1.2 and Florida Building Code 2004 Edition Section 105.1, 105.7 2. Description of Violation: Permit number 2004033362 for a garage conversion and permit number 2004033365 for laundry room conversion both in inspect status and permits have expired without being COED. Also fence and shed on property without first obtaining any Collier County permits. 3. Location/address where violation exists: 3471 2nd Ave SE Naples, Florida 34117 4. Name and address of owner/person in charge of violation location: Teudis Zamora 3471 2nd Ave SE Naples, Florida 34117 5. Date violation first observed: December 7, 2006 6. Date property was posted and certified mail was sent for Notice of Violation: February 9, 2007. 7. Date on/by which violation to be corrected: February 26, 2007 8. Date of re -inspection: July 9, 2007. 9. Results of Re -inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above -described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearin . Dated this day of 2007S16&i&a Michelle Scavone Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to ( ed) d ub ribed be this%d yy of, 2007 by GWYMN (Signature otary Public) (Pt�n ornrd Personally known or produced identification w Type of identificatio produced••w,w�""„�s•••up""`s`••••�� REV 3-3-05 X. Case Number COLLIER COUNTY CODE ENFORCEMENT Building Permits, Administrative Code & Other Permit Requirements n NOTII E Respondent T l 6 d'�� �114 m L j Date: ` / �VIOLATION: Investigatorr� Ph J239-9/3 �� Zoning Dist C�rrJ� fa (eJ Sec C8 Twp L Rug QR Ma,,,ng : 3L4, an P `(e S Legal: Subdivision Block a ( ^ Lot 1 Location: Folio i �, OR Book 3 o Page I V' Unincorporated ColTier County Violation: Pursuant to Collier County Code Enforcement Board Ordinance 05- 55 and 97-35, as amended, you are notified that a violation(s) of the following codes exist: Ordinance 2003-37 Collier County Right -of -Way Ordinance ❑Section 5 Permits. It shall be unlawful for any Responsible Party to dig, excavate, obstruct, or place any construction or other material, or perform any other work which disturbs the existing structure and/or compaction of soil in any right-of-way maintained by Collier County within the boundaries of any municipal corporation, without first obtaining a permit for such work, etc. (Also found in Section 110, Article II of the Collier County Code of Laws and Ordinances, Section 110-31) Ordinance 0441, as amended, Land Development Code, Sec. 10.02.06(B)(1) Building or land alteration permit and certificate of occupancy 0.02.06(B)(1)(a)Zoning action on building permits ... no building or 'structure shall be erected, moved, added to, altered, utilized or allowed to exist... without first obtaining the authorization of the required building permit(s), inspections, and certificate(s) of occupancy, etc. 10.02.06(B)(1)(Amprovement of property prohibited prior to issuance f building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this land development code or other applicable county regulations. , 0.02.06(B)(1)( (i) In the event the improvement of property, construction of / ',any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). Collier County Code of Laws and Ordinances Section 22, Article II ❑103.11.1 Unsafe Buildings or Systems. All buildings, structures, electrical, gas, mechanical, or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human like, or which in relation to existing uses, constitutes a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal, etc ❑103.11.2 Physical Safety [pools]. Where pool construction commences prior to occupancy certification of a one or two family dwelling unit on the same property, the fence or enclosure required shall be in place at the time of final building inspection —Where pool construction is commenced after occupancy certification of a one or two family dwelling unit on the same property. the fence or enclosure required shall be in place prior to filling of the pool unless during the period commencing with filling of the pool and ending with completion of the required fence or enclosure, temporary fencing or an approved substitute shall be in place, etc. tol .1.3.5 Prohibited Activities prior to Permit Issuance. A building permit other written site specific work authorization such as for excavation, tree removal, well construction, approved site development plan, filling, re - vegetation, etc.) shall have been issued prior to the commencement of work at the site. Activities prohibited prior to permit issuance shall include, but are not limited to, excavation pile driving (excluding test piling), well drilling, formwork, placement of building materials, equipment or accessory structures and disturbance or removal of protected species or habitat, etc. ion 106.1.2 Certificate of Occupancy. 106.1.2 Building occupancy. A new building shall not be occupied or a hange made in the occupancy, nature or use of a building or part of a building until after the building official has issued a certificate of occupancy, etc. Violation (continued): Florida Building Code 2004 Edition Section 105.1 Permit Application 05.1 When required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. Ation 105.7 Placement of Permit 05.7 The building permit or copy shall be kept on the site of the work `until the completion of the project. Section 111.1 Service Utilities F-1111.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official. Other Ordinance/Narrative: 1'L,C M i 3�,5 6,nd Cod rw'-, t t� + �it�t Pt',r M i is, t ob fGti t� Ce 1�( Q r er o Correct Violation(s): Miler CAa'ntq I�('rkl-fS A -AD Rust be in compliance with all Collier County Codes and Ordinances. C� pply for and obtain all permits required for described structure/improvements: OR remove said structure/improvements, including materials from property and restore to a permitted state. ust request/cause required inspections to be performed and obtain a certificate of occupancy/completion. OR demolish described improvements/structure and remove from property. ❑Must effect, or cause, repair and/or rehabilitation of described unsafe building/structure/systems: OR remedy violation by means of permitted demolition of same. Violation(s) must be CORRECTED BY: ( , ou Q� Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. 4esponde toe Date ignature Date Notice of Violation . Original to File Copy to Respondent Copy for Site Posting Copy for Official Posting Rev12/14/05 J. Respondent(s): THE DESCRIPTION OF TEE DOCUMENT(S) POSTED MIARE: (Check the applicable docummKr,) Notice of Violation ❑ Notice of Hearing ❑ Notice of Hearin&q q)osi -ion of Fines Citation ❑ Notice to Appear Code Enforcement Board Evidence Packet ❑ Otiier. Code Case 0) o a1 oq CP # I' � �C " ' P 1 � � �-��- U�j1•�___ , do hereby swear and - . (Code Enforcement Official) affirm that I have personally posted the above described documents) for the above respondents at 34 �nVe 31 j�i(k�o�PS FL on (Address) ,and at the.collier County Courthouse. Signature STATE OF.FLORIDA COUNTY OF COLLIER Sworn t0 (or affirmed) and subscribed before me this 1 2day of 00. b Of n s t) . (Signature of Notary Pub 'c) (Print, type or stamp Commissioned name of Notary Public) Personally Known i Produced Identification Type of Identification Produced `•�tPY PUBS ; Indira Rajah ° Commission #DD273349 Expires: Dec 07, 2007 Bonded Thru Atlantic Bonding Co., Inc. Affidavit of Posting Original to F' e Copy of Posted Notice and Pictures Attached 6/03 14 cn- Z"omo cn::t moo<o o CD CD coo �' ? n: coo -n 3 :3 �ooCC CD 10 v 0 C O O CD CD CD �.-a 0 rn 3 co cD CD CD r-t O N w � � O to rD ro J r r O t�Lrl Z (n N d ru "IU, r m -i O N W C+7 0 O t- Gl Ln ED crn r to i M N J 0 O r O tJ Ld L-i �� I 11 - Ln 16 Ha!�jer 5 C 5 /cn` N ems/ o 0 o p _ G CA 3 N U �N6'lo a =- n O 111 a zwN a -%j _ to ro --iI w o (D o :n [� a Ln i o ru tit N W Csi C7 O O � H L J N E3 O N LU Ln ? w 0 Ln p-' � ❑ y _ w C q = 'm m m a a m m N N N t � fmD 0 K CID m a m W a m a CA cn m � z CX m a m m� ,2 g a a� m v0 CD 3 m _ F 3 N O > O O � n=r 3 S M G A O CD > C -r. m m Mm 7 O ym� O O m m 31 a m 0 y y *�mm-+ v0c=a� CL mm m�m m m m ° ( a 30ww2w = 0 CX > =ro�(Do 3 0 0 0 mFina3 m m n m m a) X ;I> m CID n .m m c a m 5 4 Nz *. 11 Florida. Credit is gratefully given to the other members of the publisher's staff for their cooperation and assistance during the progress of the work on this publication. The publisher is most grateful to Mr. Patrick G. White, Assistant County Attorney, and Mr. Russell Webb, Principal Planner, for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in making the Land Development Code readily available to the public. TABLE INSET: MUNICIPAL CODE CORPORATION Tallahassee Florida ORDINANCE NO. 04-41 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RECODIFYING THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 91-102, AS AMENDED; PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.01.00 TITLE, SEC. 1.02.00 AUTHORITY, SEC. 1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.00 APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND INTENT, SEC. 1.06.00 RULES OF INTERPRETATION, SEC. 1.07.00 LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINITIONS; CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING SEC. 2.01.00 GENERALLY, SEC. 2.02.00 ESTABLISHMENT OF ZONING DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN ZONING DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC. 2.06.00 AFFORDABLE HOUSING DENSITY BONUS, SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTECTION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDANGERED, THREATENED, OR LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTECTION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00 GENERALLY, SEC. 4.02.00 SITE DESIGN STANDARDS, SEC. 4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS, SEC. 4.05.00 OFF-STREET PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RETENTION, SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5,03.00 ACCESSORY USES AND STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5,06.00 SIGNS, INCLUDING AN AMENDMENT TO SEC. 5.06.06 POLITICAL SIGNS; CHAPTER 6 - INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES A--N REQUIREMENTS, INCLUDING SEC. 6.01.00 GENERALLY, SEC. 6.02.00 ADEQUATE 6' PUBLIC FACILITIES REQUIREMENTS, SEC. 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE WATER SYSTEMS AND ^ IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8 - DECISION -MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC. 8.02.00 BOARD OF COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION, SEC. 8.04.00 BOARD OF ZONING APPEALS, SEC. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. 9.02.00 DEVELOPMENT WITH VESTED RIGHTS, SEC. 9.03.00 NONCONFORM ITIES, SEC. 9.04.00 VARIANCES; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION -MAKING PROCEDURES, INCLUDING SEC. 10.01.00 GENERALLY, SEC. 10.02.00 APPLICATION REQUIREMENTS, SEC. 10.03.00 NOTICE REQUIREMENTS, SEC. 10.04.00 REVIEW AND ACTION ON APPLICATIONS FOR DEVELOPMENT ORDERS AND PETITIONS FOR AMENDMENTS TO THE OFFICIAL ZONING MAP, THE LDC, OR THE GMP, SEC. 10.05.00 AMENDMENTS TO DEVELOPMENT ORDERS, SEC. 10.06.00 APPEALS, SEC. 10.07.00 ENFORCEMENT, SEC. 10.08.00 CONDITIONAL USES PROCEDURES, AND APPENDICES A THROUGH H, INCLUDING A NEW APPENDIX "H" OF CROSS-REFERENCES BETWEEN THE LDC AND UDC; SECTION FOUR, REPEALER; SECTION FIVE, CONFLICT AND SEVERABILITY; SECTION SIX, PUBLICATION AS THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SEVEN, EFFECTIVE DATES. ^ RECITALS WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners (Board) adopted Ordinance No. 91-102, the Collier County Land Development Code (LDC), which became effective on November 13, 1991, and which has been subsequently amended by numerous ordinances comprising eighteen (18) supplements; and WHEREAS, the Board has directed that the LDC be revised to update and simplify its format, and use; and WHEREAS, the Collier County Planning Commission, acting in part in its capacity as the Local Planning Agency pursuant to § 163.3194 (2), F.S., in a manner prescribed by law, did hold an advertised public hearing on May 6, 2004, which was continued for a hearing on May 20, 2004, which was continued for a separately advertised final consideration and vote on June 17, 2004, and did take affirmative action concerning these revisions to the LDC, including finding that the provisions of the proposed recodification of the LDC implement and are consistent with the adopted Growth Management Plan of Collier County; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold an advertised public hearing on May 11, 2004, which was continued for a hearing on May 25, 2004, which was continued for a separately advertised final adoption hearing on June 22, 2004, and did take affirmative action concerning these revisions to the LDC; and WHEREAS, the revisions to, and recodification of, the LDC does not substantively after in any way the prior existing LDC text and the substantive provisions of this Ordinance are hereby determined by this Board to be consistent with and to implement the Collier County 7 10.02.06 Submittal Requirements for Permits n A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Developmentof regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of[or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered , utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, http://library4.municode.com/newords/DoeView/l3992/1/66/68 9/27/2007 P. moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless heshall receive a written order from the board of zoning appeals in the form of an administrative review of the �. interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms ; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the �. commencement of construction. c. Construction and use to be as provided in applications; status of pen -nit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall- be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building http://Iibrary4.municode.com/newords/DocView/13992/l/66/68 9/27/2007 .9 permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an r� approved subdivision or site development plan to provide for distribution of fill excavated on -site or to permit construction of an approved water management system, to minimize stockpiles and hauling off -site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). http://library4.mtznicode.com/newords/DoeView/13992/l/66/68 9/27/2007 /© . L RIDA UILIPINQ 2004 Florida Building Code, Building First Printing Publication Date: October 2004 COPYRIGHT © 2004 by INTERNATIONAL CODE COUNCIL, INC. ALL RIGHTS RESERVED. This 2004 Florida Building Code, Building contains substantial copyrighted material from the 2003 International Building Code which is a copyrighted work owned by International Code Council, Inc., 5203 Leesburg Pike, Suite 600, Falls Church, Virginia 22041-3401 [Phone (703) 931-4533]. Without advance written permission from the copyright owner, no part of this book may be reproduced, distributed, or transmitted in any form or by any means, including, without limitation, electronic, optical or mechanical means (by way of example and not limitation, photocopying, or recording by or in an information storage retrieval system). For information on permission to copy material exceeding fair use, please contact: ICC Publications, 4051 West Flossmoor Road, Country Club Hills, Illinois 60478-5795 [Phone (708) 799-2300]. Trademarks: "International Code Council," the International Code Council' logo and the "International Building Code" are trademarks of the International Code Council, Inc. PRINTED IN THE U.S.A. Section 104.1.3.5, entitled 'Prohibited Activities Prior to Permit Issuance, " is a new section which will read as follows: 104.1.3.5. A building permit (or other written site specific work authorization such as for excavation, tree removal, well construction, approved site development plan, filling, re -vegetation, etc.) shall have been issued prior to the commencement of work at the site. Activities prohibited prior to permit issuance shall include, but are not limited to, excavation, pile driving (excluding test piling), well drilling, formwork, placement of building materials, equipment or accessory structures and disturbance or removal of protected species or habitat. Where minor clearing of underbrush can be accomplished without protected habitat or species disturbance, permitting is not required. Where test piles are required to establish bearing capacity for design purposes of a project, prior to the issuance of a building permit, a test pile permit shall be obtained before any piles are driven. All test pilings must be driven within the footprint of the building and applicable fees shall be charged for the permit. At the time of applying for the test piling permit the contractor shall provide, a bond, letter of credit or certified check equal to 125% of the estimated cost of removing the test piling and grading the site back to the condition it was in prior to the test piling in the event construction does not commence. If the project does not proceed and the test piles need to be removed, then they shall be removed to a minimum of 2 ft. below natural grade. In any event, the test piles are only allowed to remain exposed for a maximum of six (6) months. /2- PERMITS SECTION 105 PERMITS 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. 105.1.1 Annual facility permit. In lieu of an individual permit for each alteration to an existing electrical, gas, mechanical, plumbing or interior nonstructural office system(s), the building official is authorized to issue an annual permit for any occupancy to facilitate routine or emergency service, repair, refurbishing, minor renovations of service systems or manufacturing equipment installations/relocations. The building official shall be notified of major changes and shall retain the right to make inspections at the facility site as deemed necessary. An annual facility permit shall be assessed with an annual fee and shall be valid for one year from date of issuance. A separate permit shall be obtained for each facility and for each construction trade, as applicable. The permit application shall contain a general description of the parameters of work intended to be performed during the year. �., 105.1.2 Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such records at all times or such records shall be filed with the building official as designated. 105.1.3 Food permit As per Section 500.12, Florida Statutes, a food permit from the Department of Agriculture and Consumer Services is required of any person who operates a food establishment or retail store. 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code. Permits shall not be required for the following: Gas: Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1. Portable heating appliance. 2. Portable ventilation equipment. http://infosolutions.00m/iceelgateway.dIU3/8?f-templates$fi=document-frarae.htm$3.0$q... 3/23/2007 /3 105.4.1.4 The fee for renewal reissuance and extension of a permit shall be set forth by the administrative authority. 105.5 Reserved. 105.6 Reserved. 105.7 Placement of permit.' The building permit or copy shall be kept on the site of the work until the completion of the project. 105.8 Notice of commencement. As per Section 713.135, Florida Statutes, when any person applies for a building permit, the authority issuing such permit shall print on the face of each permit card in no less than 18-point, capitalized, boldfaced type: uWARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT." 105.9 Asbestos. The enforcing agency shall require each building permit for the demolition or renovation of an existing structure to contain an asbestos notification statement which indicates the owner's or operator's responsibility to comply with the provisions of Section 469.003, Florida Statutes, and to notify the Department of Environmental Protection of his or her intentions to remove asbestos, when applicable, in accordance with state and federal law. 105.10 Certificate of protective treatment for prevention of termites. A weather -resistant job -site posting board shall be provided to receive. duplicate treatment certificates as each required protective treatment is completed, providing a copy for the person the permit is issued to and another copy for the building permit files. The treatment certificate shall provide the product used, identity of the applicator, time and date of the treatment, site location, area treated, chemical used, percent concentration and number of gallons used, to establish a verifiable record of protective treatment. If the soil chemical barrier method for termite prevention is used, final exterior treatment shall be completed prior to final building approval. 105.11 Notice of termite protection. A permanent sign which identifies the termite treatment provider and need for reinspection and treatment contract renewal shall be provided. The sign shall be posted near the water heater or electric panel. 105.12 Work starting before permit issuance. Upon approval of the building official, the scope of work delineated in the building permit application and plan may be started prior to the final approval and issuance of the permit, http://infosolutions.com/iceelgateway.dIU3/8?f-templates$fa=document-frame.htn$3.0$q... 3/23/2007 /� Section 106.1.2 entitled "Issuing Certificate of Occupancy," is a amended as follows: ^ 106.1.2 Issuing Certificate of Occupancy. Upon satisfactory completion of construction of a building or structure and installation of electrical, gas, mechanical and plumbing systems in accordance with the technical Codes, reviewed plans and specifications, and after the final inspection, the Building Official shall issue a Certificate of Occupancy stating the nature of the occupancy permitted, the number of persons for each floor when limited by law, and the allowable load per square foot for each floor in accordance with the provisions of this Code. �s. 3564738 OR: 3740 PG: 1401 IISCOO D in OFFICIAL "COBS of COL1I11 COW, I1 Prepared by 02/21/2005 at 01:18II DBIG" S. BIM, CEDE Judy Holnhes, an employee of COBS 279910.10 island Title Guaranty Agency 1:SC In 11.51 6300 Trail Boulevard Naples, Florida 34108 DOC".70 1959.30 (239) 597-15" Reta: ISLIW TITLS GOAIISA?T AM ICT I Return to: Grantee Fia OI File No.: 2125-734154 WARRANTY DEED This indenture made on February 14, 2005 A.D., by Jesus A. Ledo and Sandra M. Chacon, husband and wife whose address is: �l1 ard 4� SE Ntp)Qs, F L 3 hereinafter called the grantor", to Teudis Zamora, a single man whose address is: 34712nd Av hereinafter called the "grantee": (which benns "Grantor" and "Granbee" sha ini representatives, successors and assigns o the Witnesseth, that the grantor, valuable considerations, receipt remises, releases, conveys and Florida, to -wit: The East 75 feet of the West IS according to the Plat thereof as Collier County, Florida. 9, fiapl@s, FL 34117 �l «�rati� i si a -at' the s i5 her a ge unto the grantee, M tl Tract 26 of GM Parcel Identification Number: 40862480006 either sac, and shall include heirs, legal 0f T=. Dollars, ($10.00) and other ire rants, bargains, sells, aliens, and situate in Collier County,. 7a ATE ESTATES, UNIT 80, 18, of the Public Records of Subject to all reservations, covenants, conditions, restrictions and easements of record and to all applicable zoning ordinances and/or restrictions imposed by governmental authorities, if any. Together with all the tenements, hereditaments and appurtenances thereto belonging or in any way appertaining. Page 1 of 2 2125 - 734154 *** OR: 3740 PG: 1402 *** 11-11N To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to December 31st of 2004. In Witness Whereof, the grantor has hereunto set their hand(s) and seal(s) the day and year first above written. Jesus A. Ledo Sandra M. Chacon igned, sealed and deli red in our p Wibqess Signature Print Name: (-J'-N State of Florida County of Collier The Foregoing Instrument gas Ct Ledo and Sandra M. Chaconas6a an wife ibW/have produced a valid drive ` nsgas identifi �;.'. )ud'+th A Weekes-Hoimes CIV ,...sy; r M` coMMlssloN # DD232231 EXPIRE 1,2007 "y ..•: HOWDEDTH TROY FAIN MSUR M-L nature 14, 200S, by Jesus A. PUBLIC Notary Print Name My Commission Expires: Page 2 of 2 2125 - 734154 /? coc,t/V / f- XP 161 i /6, C'A'sr- * �, oil Z o zCI r -o oo z . -PC,�e 3 . 0 ic��r "5, Tuesday, Jan 22, 2008 03:39 PM CD-Plus-rm '23 a s for Windows95198i}dT e GR N14 S AddressinglPmperty i Code Enforcement Permitting]'Dea- Review £ Cash Management Address Property Sub -Div Rental -Reg 0 Permit No. Status Permit Type Address Office 2004U33iG2 1114SFIECT BR24 roe 13471 2ND AVE SE .. _ _. _ __. Appl Info Site Info I Building Assoc. Tables Dates Update Info ' Master No. 20D4033362 Model Model Description b, vJP ''mm COA N/A Contractor Est. Value 5000 P1G jP Ovuner FCC Code 434 �a RIADDITION,ALTERATION Name !LEDO,JESUS A Address No 10-972 rte Address I SANDRA. M CHACON Type rOWNER AGENT Name ICOLLIER PERMITTING SERVICES f3471 2ND AVE SE Contact Name MARIACRUZ Contact Phone1(239j659-5630 Cty IIdAPLES Jab Description MAKE EXISTING GARAGE INT Job Phone 1(2391659 5630 Sk FL6 Zip 341170000 r Tuesday, Jan 22, 2008 03:39 PM Tuesday, Jan 22, 2008 03:39 PM -1ve- 1�3 a D (2� 7, ,-m Addre=inglt roperty Code Enforcement I Permitting I Dev. Review j Cash Management D-P us Tuesday, Jan 22, 2008 03:39 PM -Pj/�3Lr 'j. Tuesday, Jan 22, 2008 03:39 PM 5 0i S�{J" Tuesday, Jan 22, 2008 03:40 PM F r ®y ,y , AddressingJProperty Code Enforcement; Permitting I Dev. Review I Cash Management D—PlusT1~f e �q Address Property Sub -Dry Rental -Reg frnWmrlows95�9F1NT � � f� � ii LW A Permit No, Status Permit Type Address Office 2004033365 JINSPECT ,BROT 13471 2ND AVE SE D Appl Info Site Info Building j Assoc. Tables Dates , Update Info s Date User Date User Application 3/31/2004 Expiration I V2005 Approval F6/7/2004 DEJEANROM ExtendedExp.�— Issued 17/15/2004 jMCCAULEYK Expd Final 3 Cancel Co Tuesday, Jan 22, 2008 03:40 PM P I a+ . �m a � � • A f' . R44. � �Ka � JJ o f a � � 'i y ♦ a�` * � �•. e � 's - 1. t 4. Pa i' . [ e, F�* Awn { a.• - fi, .4 - t t . � s 01er23a1.20M 4 36 pm b ° ' _ «w e ... `w � ri- i 9 K r I ''may 13: °p ���; � •� ��. x { r 3 I r _ r b y �+ , x , A a+ . a < , ti a, r .• ' r '- a_.`'"'- _ T� ..y x , ,.'� w�F� "# t` '�'�}4Y'!"�^� y �`' `' ,y��1Y+ `�"'X _ ,eF? y` 4j� ` �' ®'- ya' '�y ' r4..^y r CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. TEUDIS ZAMORA Respondent CEB NO. 2006120209 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on January 24, 2008, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: FINDINGS OF FACT That Teudis Zamora is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified by posting, failed to appear at the public hearing. That the Respondent was notified of the date of hearing by posting. 4. That the real property located at 3471 2°d Avenue, S.E., Naples, FL 34117, FOLIO 40862480006, more particularly described as The East 75 feet of the West 150 feet of Tract 26 of GOLDEN GATE ESTATES, UNIT 80, according to the Plat thereof, as recorded in Plat Book 5, Page 18, of the Public Records of Collier County, Florida, is in violation of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i), The Collier County Code of Laws and Ordinances, Section 22, Article II, 104.1.3.5 and 106.1.2, and The Florida Building Code, Sections 105.land 105.7in the following particulars: Permit No. 2004033362 for a garage conversion and permit number 2004033365 for laundry room conversion both in inspection status and permits have expired without being CO'ed. Also there exists a fence and shed on property without first obtaining any Collier County permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i), The Collier County Code of Laws and Ordinances, Section 22, Article II, 104.1.3.5 and106.1.2, and The Florida Building Code, Sections 105.1and 105.7 be corrected in the following manner: 1. By obtaining all required Collier County Building Permits or Demolition Permit, Inspection, and Certificate of Occupancy and/or Certificate of Completion for all non -permitted improvements on the property within 120 days (May 23, 2008). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by May 23, 2008, then there will be a fine of $50 per day for each day for each day the violation remains. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 4. That the Respondent is are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $251.65 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this , day of, 2008 at Collier County, Florida. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA Sheri Barnett, Chair 2800 North Horseshoe Drive Naples, Florida 34104 The foregoing instrument was acknowledged before me this3O day of . ) ./ , 2008, by Sheri Barnett, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or ✓ who has produced a Florida Driver's License as identification. I RMnNE HOLTM MY COMMISSION k DD 686595 NOTARY PUBLIC EXPIRES: June 16, 2011 My commission expires: Bonded Thu N*q Pibk underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Teudis Zamora, 3471 2"d Avenue S.E., Naples, FL 34117 this ��"'day of 70-.r l , 2008. blaze o1 FLORIDA oanr� of COLLIER ,, t 1 H o r Y CfRT1� HA'T this I a true and correct copy=got a'�.W` ' r.!'A OW4 1rr Board mints"t ?k r Of{i©Itier L'Uile�i Lzos day 4f DWIGHT E. BROUA.. �►��` ; �' : fW r1 7� M. Jeail Dawson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239)263-8206 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida ► -M James Bachmann, Respondent(s) Case No. 2006090001 ITEM PAGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3 4-8 9 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Dept. Case No. 2006090001 VS. JAMES BACHMANN, Respondent Plaintiff, NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: January 24, 2008 TIME: 9:00 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: 1180 Dove Tree Street SERVED: James Bachmann, Respondent Inv. Michelle Scavone, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE -HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:OOAM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. James Bachmann, Respondent(s) DEPT CASE 2006090001 STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s ) 200441 of the Collier County Land Development Code section 1.04.01 and 2.02.03. 2. Description of Violation: Unauthorized/ prohibited above ground pool in Agricultural zoned property 3. Location/address where violation exists: 1180 Dove Tree Street Naples Florida 34104 4. Name and address of owner/person in charge of violation location: James Bachmann, 1180 Dove Tree Street Naples, Florida 34104 5. Date violation first observed: August 31, 2006. 6. Date owner/person in charge given Notice of Violation: July 6, 2006. 7. Date on/by which violation to be corrected: July 20, 2007. 8. Date of re -inspection: July 23, 2007. 9. Results of Re -inspection: Above ground pool not removed. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above -described violation continues to exist; that attempts to secure compliance with the Collier County Cod ave failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcemelichelle f blic aring. Dated this 15th. day of August, 2007 A AA Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn V/r ?!ed subscri ed before thi4day of , 2007 by (Signatuyesbf Notary Public) (Prin fimp - ' d �f otary Pubqornli Personally known or produced identification Type of identifica on produced '= fiiiiiY+Y'►tisza6aaesccceaec�=oisitllhav'a�rw� REV 3-3-05 �- COLLIER COUNTY CODE ENFORCEMENT OF NOTICE OF VIOLATION -James Bochmann Date: 7/6/06 Investigator Michelle Scavone Phone: 239-213-2973 Zoning Dist Agricultural Sec 14 Twp 49 Rng 27 Mailing : 1180 Dove Tree Street Legal: Subdivision 100 Acreage Block 056 Lot .000 Naples FL 34104 Location: 1180 Dove Tree Street Folio 00304040009 OR Book 3031 Page 2039 Unincorporated Collier County NOTICE Pursuant to Collier County Consolidated Code Enforcement Ordinance No. 07-44, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above -described location. ®Ord No. ®Ord No. ❑Ord No. ❑Ord No. ❑Ord No. 2004-41 2004-41 Section Section Section Section Section 1.04.01 2.02.03 DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). -'Observed on this Agricultural zoned property, with a bonified bricultural use permit an unauthorized/prohibited above ground pool in rear yard without prior Collier County approval. No development shall be undertaken without prior authorization pursuant to this LDC. Specifically, no building, structure, land or water shall hereafter be developed, or occupied, and no building structure, or part thereof shall be erected, reconstructed, moved located or structurally altered except in conformity with the regulations set forth herein and for the zoning district in which is located. Any use or structure not specifically identified in a zoning district as a permitted use, conditional use, or accessory use shall be prohibited in such zoning district. INQUD2IES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT INVESTIGATOR Michelle Scavone 2800 No. Horseshoe Dr. Naples, FL 34104 (239) 213-2973 •,(239) 3930 Investigator signature-/ VIOLATION STATUS: ,Initial ❑Recurring ❑Repeat ORDER TO CORRECT VIOLATION(S) : You are directed by this Notice to take the following corrective action(s) Must cease use of Drohibited Dool and remove unauthorized pool in this zoning district, or obtain a zoning verification letter stating that pool is directly related to a bona fide agricultural use on this property. Supplemental attached ON OR BEFORE: July 20, 2007 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: Personal Service ❑Certified Mail ❑Posting of Propert []Fax ❑Mail (:Do� r/- nS'S' a e and Title of Recipient 1i4.MEs !� 0i1c�j.n,h�/�/ Print Dated this 200� r� Florida. Credit is gratefully given to the other members of the publisher's staff for their 110-IN cooperation and assistance during the progress of the work on this publication. The publisher is most grateful to Mr. Patrick G. White, Assistant County Attomey, and Mr. Russell Webb, Principal Planner, for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in making the Land Development Code readily available to the public. TABLE INSET: MUNICIPAL CODE CORPORATION Tallahassee. Ronda ORDINANCE NO. 04-41 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RECODIFYING THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 91-102, AS AMENDED; PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.01.00 TITLE, SEC. 1.02.00 AUTHORITY, SEC. 1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.00 APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND INTENT, SEC. 1.06.00 RULES OF INTERPRETATION, SEC. 1.07.00 LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINITIONS; CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING SEC. 2.01.00 GENERALLY, SEC. 2.02.00 ESTABLISHMENT OF ZONING DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN ZONING DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC. 2.06.OQ AFFORDABLE HOUSING DENSITY BONUS, SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTECTION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDANGERED, THREATENED, OR LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTECTION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER A - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00 GENERALLY, SEC. 4.02.00 SITE DESIGN STANDARDS, SEC. 4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS, SEC. 4.05.00 OFF-STREET PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RETENTION, SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES AND STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS, INCLUDING AN AMENDMENT TO SEC. 5.06.06 POLITICAL SIGNS; CHAPTER 6 - INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC. 6.01.00 GENERALLY, SEC. 6.02.00 ADEQUATE 41 PUBLIC FACILITIES REQUIREMENTS, SEC. 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8 - DECISION -MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC. 8.02.00 BOARD OF COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION, SEC. 8.04.00 BOARD OF ZONING APPEALS, SEC. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. 9.02.00 DEVELOPMENT WITH VESTED RIGHTS, SEC. 9.03.00 NON CONFORMITIES, SEC. 9.04.00 VARIANCES; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION -MAKING PROCEDURES, INCLUDING SEC. 10.01.00 GENERALLY, SEC. 10.02.00 APPLICATION REQUIREMENTS, SEC. 10.03.00 NOTICE REQUIREMENTS, SEC. 10.04.00 REVIEW AND ACTION ON APPLICATIONS FOR DEVELOPMENT ORDERS AND PETITIONS FOR AMENDMENTS TO THE OFFICIAL ZONING MAP, THE LDC, OR THE GMP, SEC. 10.05.00 AMENDMENTS TO DEVELOPMENT ORDERS, SEC. 10.06.00 APPEALS, SEC. 10.07.00 ENFORCEMENT, SEC. 10.08.00 CONDITIONAL USES PROCEDURES, AND APPENDICES A THROUGH H, INCLUDING A NEW APPENDIX "H" OF CROSS-REFERENCES BETWEEN THE LDC AND UDC; SECTION FOUR, REPEALER; SECTION FIVE, CONFLICT AND SEVERABILITY; SECTION SIX, PUBLICATION AS THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SEVEN, EFFECTIVE DATES. RECITALS WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners (Board) adopted Ordinance No. 91-102, the Collier County Land Development Code (LDC), which became effective on November 13, 1991, and which has been subsequently amended by numerous ordinances comprising eighteen (18) supplements; and WHEREAS, the Board has directed that the LDC be revised to update and simplify its format, and use; and WHEREAS, the Collier County Planning Commission, acting in part in its capacity as the Local Planning Agency pursuant to § 163.3194 (2), F.S., in a manner prescribed by law, did hold an advertised public hearing on May 6, 2004, which was continued for a hearing on May 20, 2004, which was continued for a separately advertised final consideration and vote on June 17, 2004, and did take affirmative action concerning these revisions to the LDC, including finding that the provisions of the proposed recodification of the LDC implement and are consistent with the adopted Growth Management Plan of Collier County; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold an advertised public hearing on May 11, 2004, which was continued for a hearing on May 25, 2004, which was continued for a separately advertised final adoption hearing on June 22, 2004, and did take affirmative action concerning these revisions to the LDC; and WHEREAS, the revisions to, and recodification of, the LDC does not substantively alter in any way the prior existing LDC text and the substantive provisions of this Ordinance are hereby determined by this Board to be consistent with and to implement the Collier County COLLIER COUNTY LAND DEVELOPMENT CODE 1.03.02 C. The word "shall" is always mandatory and not discretionary; the word "may" is permissive. D. Words importing the masculine gender shall be construed to include the feminine and neuter. E. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning. F. A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing. The use of the plural number shall be deemed to include any single person or thing. G. Words used in the past or present tense include the future as well as the past or present. H. Unless the context clearly indicates to the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by a conjunction "and," "or," 'either.. . or," the conjunction shall be interpreted as follows: 1. "And" indicates that all the connected terms, conditions, provisions or events shall apply. 2. "Or" indicates that the connected items, conditions, provisions or events may apply singularly and in any combination. 10-11, 3. "Either ... or" indicates that the connected items, conditions, provisions or events shall apply singularly, but not in combination. 1.03.03 Determination of Time A. The time within which an act is to be done shall be computed by excluding the first and including the last day; if the last day is a Saturday, Sunday or legal holiday, that day shall be excluded. B. The word "day" shall mean a calendar day. . C. The word month shall mean thirty (30) calendar days, unless a calendar month is indicated. D. The word "week" shall be construed to mean seven (7) calendar days. E. The word "year" shall mean 365 calendar days, unless a fiscal year is indicated, or unless a calendar year is indicated. 1.03.04 Delegation of Authority The authority and responsibility for implementation of the provisions of this LDC are assigned to the County Manager or designee. Responsibility for individual provisions, regulations, or sections of the LDC may be designated, delegated, and assigned to other named individuals on an annual basis by the County Manager. 1.04.00 APPLICABILITY n The provisions of this LDC shall apply to all land, property and development in the total unincorporated area of Collier County except as expressly and specifically provided otherwise in this LDC. No development shall be undertaken without prior authorization pursuant to this LDC. LDC 1:4 GENERAL PROVISIONS Specifically, no building, structure, land or water shall hereafter be developed, or occupied, and no building, structure, or part thereof shall be erected, reconstructed, moved, located, or structurally altered except in conformity with the regulations set forth herein and for the zoning district in which it is located. B. The regulations established in this LDC and within each zoning district shall be minimum or maximum limitations, as the case may be, and shall apply uniformly to each class or kind of structure, use, land or water, except where specific provision is made in this LDC. C. This LDC shall apply to all division of land and all subdivisions in the total unincorporated area of Collier County, except to the extent as expressly provided herein. It shall, be, unlawful for any person to create a subdivision of, or to subdivide, or to otherwise divide, any land in the total unincorporated area of Collier County, except in strict conformance with the provisions of this LDC and any applicable provisions of the Collier County Growth Management Plan (GMP). 1.04.02 Applicability to Previously Established Time Limits A. Any time limits on any development orders approved prior to the adoption of this LDC shall continue to run and shall not be enlarged, expanded or stayed by the adoption of this LDC. B. This subsection shall not apply to final subdivision plats approved prior to February 17, 1976. C. Any time limits on any nonconforming signs shall continue to run and shall not be enlarged, expanded or stayed by the adoption of this LDC. 1.04.03 Exceptions A. Previously issued building permits. The provisions of this LDC and any amendments hereto shall not affect the validity of any -lawfully issued and effective building permit issued prior to the effective date of this LDC if: 1. The development activity authorized by the permit has commenced prior to the effective date of this LDC or any amendment hereto, or will commence after the effective date of this LDC but prior to the permits expiration or termination; and 2. The development activity continues without interruption in good faith until development is complete. If the building permit expires, any further development shall be in conformance with the requirements of this LDC or any amendment hereto. B. Certain previously approved development orders. The provisions of this LDC shall not affect the types, densities and intensities of land uses or the yard or landscape buffer width requirements of any (1) final subdivision plat and final improvement plan, (2) final site development plan, or (3) phased site development plan that has been approved for at least one final site development plan, provided each such development order was lawfully issued prior to the effective date of this LDC and remains effective according to the time limits and provisions established by this LDC. 1.04.04 Reduction of Required Site Design Requirements A. No part of a required yard, required open space, required off-street parking space, or required off-street loading space, provided in connection with one building, structure, or use shall be included as meeting the requirements for any other, structure, or use, except where specific provision is made in this LDC. LDC1:5 7� COLLIER COUNTY LAND DEVELOPMENT CODE D. Where the phrases "industrial districts," "zoned industrially," "industrially zoned," "industrial zoning," or phraseology of similar intent, are used in this LDC, the phrases shall be construed to include: I and industrial components in PUDs. 2.02.03 Prohibited Uses Any use or structure not specifically identified in a zoning district as a permitted use, conditional use, or accessory use shall be prohibited in such zoning district. 2.02.04 Continuation of Provisional Uses Any provisional use, including all stipulations and requirements thereto, approved by the BCC prior to the effective date of this LDC and valid and effective immediately prior to the effective date of this LDC shall be treated under this LDC as follows: A. If such provisional use is provided for as a conditional use in the zoning district in which it is located under this LDC, then it shall be permitted as a conditional use under this LDC. B. If such provisional use is not provided for as a conditional use or permitted use in the zoning district in which it is located under this LDC, then it shall be a legal nonconforming use under this LDC. 2.03.00 ZONING DISTRICTS In order to cant' out and implement the Collier County GMP and the purposes of this LDC, the following zoning districts, district purposes, and applicable symbols are hereby established: 2.03.01 Residential Zoning Districts A. Rural Agricultural District "A':'. The purpose and intent of the rural agricultural district "A" is to provide lands for agricultural, pastoral, and rural land uses by accommodating traditional agricultural, agricultural related activities and facilities, support facilities. related to agricultural needs, and conservation uses. Uses that are generally considered compatible to agricultural uses that would not endanger or damage the agricultural, environmental, potable water, or wildlife resources of the County are permissible as conditional uses in the A district. The A district corresponds to and implements the a land use designation on the future land use map of the Collier County GMP, and in some instances, may occur in the designated urban area. The maximum density permissible in the rural agricultural district within the urban mixed use district shall be guided, in part, by the density rating system contained in the future land use element of the GMP. The maximum density permissible or permitted in the A district shall not exceed the density permissible under the density rating system. The maximum density permissible in the A district within the agricultural/rural district of the future land use element of the Collier County GMP shall be consistent with and not exceed the density permissible or permitted under the agricultural/rural district of the future land use element. B. Estate District °E". The purpose and intent of the estates district "E" is to provide lands for low density residential development in a semi -rural to rural environment, with limited agricultural activities. In addition to low density residential development with limited agricultural activities, the E district is also designed to accommodate as conditional uses, development that provides services for and is compatible with the low density residential, semi -rural, and rural character of the E district. The E district corresponds to and implements the estate land use designation on the future land use map of the Collier County GMP, although, in limited instances, it may occur outside of the estates land use i nr.9•in r,drwc.l By I Winn 16eltusea•irvtaq::1 ittaed tl;1r Gaar inly ArtueY.1/u. rrt" '1 fall $1mr1.- t:eceder!.l to the iuut+we of A title 1+•t,raure pol,.) i•t:e Number OL114eo Put:.I 1D k: 0 iirturtKay 5S a 11Xx 19"171j4 UK: JUJI N: M1 UCO1DU In OFFICIAL 11CO1DS of COLLIII CMM. FL 05/06/2602 at MOM DWIGHT 1. BOCK, CU11 Co15 21100.01 uC III i.00 DOC-.TO 19I.20 COFIIS 1.00 RISC 1.00 %ARRO IT OF:FI) 11ttl: ILVUMI)f'AL) ISun TIM GO RMY AGRICT I FICL DF 11w WAkB ANTV ULLt), dr1:.E 9!,IVA101 b. (�on1s Jo VirdllNa Vurtoxu, an ant eraarried wido3,. Cut %ping spotreo at A Blissn trioia KYrttwn Awic pull oulce addle" .,. 4170 71b 4,,*. N.W, %spies, RI. )ell Ill berrYnthr wlW the OkO :'Utt tv James iaclammis vkAm purl tollke —ofiii w to 11S F4maad At Hallmtruud, FL M13 hereutsPoa ealicJ the GRAN 114 % ilernu uw. *aril the tam ' ^d tiran.ct' ut•htde a. Iumx M. It.-, atowtrut ded -it? heat I„ tsi r:r-rCuauuva ottl: sutgm td'jOst•tdtal& wtd the wCceatr,rr slid zuyu1 ill :u:pv.mt;e t I WrrNr7.%M'M• Thu the Ciit NP4 for AM vi t riAlcr.tum rf :hr sum -it IN-00 al,d':lief tauFk :rvrmat rau,trut na,:qu whewd 13 tletally aCl"Iawledald, huchl, Rrdau. 60pa,111. rei m. jhL 14, f-1116: m, : rteasen, tm,nvayt• 'roll t+,-1'tltgs uYW tk QILO. 1 EC, all ass tertaa isn l .Yuue ul Cdlirr CYdntq. Pklritla. ,e. 'rM Meet 13 of the walls 112oI the sou.;1 11 of the S II! of the Nurth LI ut the Nartbar►t 111 lea► the Nest Jb (ee( llkregf. t/tdkand fur road pi rpares, {yMr end belnK In Sectba 13,1 uwtlatdll i') Sourk, Aatttte 27 I'em4 (:,dlM (YYYIv, !Nelda. rtrenlar h&vby waeraw lluit i11r propuny tira•rthed h1 Out it emalt m is act his womituli.trld) h,*)rnee sad at p,nalik by tht Flnrtda Cnratititu(Ot. .iUWG.1 IU wvcusub, tvtu"Nis, tc>trw: mit, r:4:1Na a.me+•mervs fow the tear 1901 srut ysa -_41 n11F06rtl by a MV"UM nal 3tl01titi6-. 11 tmy ,t 1 7 METIER w:111 all tf.c trivener'th tw% To MAVF ANM TO MOU). ,.hc iaimc A.W I., le u"N I ult nrwby t �u wld en Cee vaerple; that itu CJILA�,'I 11,0V 4,-Onta ltN twit t„ vtlkt lnt•, ,.ad ill IN Wr7,tlfSS M'Hfi' ' t31tA� 1 {ij 3 �if,YFryfN KF�I:NC'I. i1111e Styram4r %na trr Pritl %le e .Sale of , C'eurtty of .&A rttrnit u.tti at•rcra::mA of menxd, if aity, uses and �a„•,h rrirnet.: a atktw ruttrtcttons awd IsrohibtGum 'n�rJ npp, rttaat, eo tiny rs t? d6 sr d 1t tit t e �t 11, i:1' e'll r 1• Mfbl t rt�, att}id sr.-iled ityt pt b ttr KING A'IIML>SL•5: Q ^yam r Y!' tr: 1 SyM 139 1ppfITJInIC,C, a• i. ,< (AA.\IUK im 6MLIty .vi&d is aas.l n; Lut%ey :.iA Lt.tJ; due the t;sLA\ I OR b—obv n jl qrR wl "*..e%r � r 1 ,lbove i IniY k ro �oIv 1 in a ramaty p,tbbr .•I dtC my of ��pt�rrli f^) .ngY1r)tMLt tAI71e3. fHI. POP- y�IM, , INSMIMENT %,as xkomtltet% hef.we the oa t + Cy. CAsnda J o �' tda Murnatu. au unremarried wid" , SivMviYR speam or %'Iflain rt a in \,wi man r' • go,. OUWLChdw #- - hircm•Inlssiumcem mm - V EAPI« •t.rltrw 28, tacos CouOT y �CX'17(11317- Ct'):Se 4 200i 'c '?oocl fe!�I"O►.01e�f jornes i�3G Cl, V"C.,YL. Print Map 2006 Page 1 of 1 -I� 13 e © 2004. Collier County Property Appraiser. While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information, nc for the data herein, its use, or its interpretation. http://maps.collierappraiser.com/webmap/mapprint.aspx?title=2006&orient=LANDSCAP... 1 /23/2008 Print Map 2006 Page g 5 http://maps.collierappraiser.com/webmap/mapprint.aspx?title=2006&orient=LANDSCAP... 1/23/2008 Lc'�c T xI ff T PC 60 Tuesday, Jan 22, 2008 10:20 AM CC� N'Tl [ K I I r)/ T -f�- Page 1 of 1 e CO -- # cc, �c C`oa l U ScavoneMichelle From: ScavoneMichelle Sent: Friday, June 29, 2007 11:00 AM To: CasertaAshley Subject: RE: Code Case with Jim Bockman HI, Not sure what's going on with CD plus, but it's in there. You can search by actual address number 7005 or location address 1180 Dove Tree St. The case number is 2006090001. 1 will stop by your office to go over my paper work for you. Michelle From: CasertaAshley Sent: Thursday, June 28, 007 2:29 PM To: ScavoneMichelle / Cc: gochenaur_r Subject: Code Case with Jim Bockman Hi Michelle, I take care of the Temporary Use Permits for Mobile Homes in Ag in conjunction with a bona fide Agricultural use. I just had a man named Jim Bockman show up asking about renewing his permit. He also told me about a code case he has involving a pool which is not a permitted accessory use on this property. All I have is his name, and I am unable to locate anything in CD Plus from it. He said you are the investigator on the project, and when I asked him what the status of the case was, he told me he was waiting on a response from you, and that he does not intend on removing the pool. If anything happens, could you please keep me updated? Also, if you know what case I'm talk ing about, could you let me know the address so I can make a note to myself in CD Plus? Thanks! Ashley Caserta, Senior Planner Collier County Government Department of Zoning & Land Development Review 2800 North Horseshoe Drive Naples, Florida 34104 (239) 213-2942 Fax: (239) 530-6353 7/9/2007 Pagel of 1 f k ScavoneMichelle From: ScavoneMichelle Sent: Friday, June 29, 2007 5:56 PM To: gochenaur r Subject: RE: TUP Ok great.. Thank you for your help! From: gochenaur r Sent: Friday, June 29, 2007 1:54 PM To: ScavoneMichelle Subject: RE: TUP One more thing. You can just work directly with Ashley on this one since you've already been doing that. I don't mind answering questions, but I want to make sure she's in the loop. She's going to be handling these Ag TUs for me. Thanks. From: gochenaur_r Sent: Friday, June 29, 2007 1:19 PM To: ScavoneMichelle Subject: RE: TUP Yes, provided that the ag use is maintained. They're issued initially for 3 years and have to be renewed annually after that. We're cracking down on people who claim ag uses just to be able to live in a MH where the ag overlay (A -MHO) doesn't exist. From: ScavoneMichelle Sent: Friday, June 29, 2007 1:04 PM To: gochenaur_r Subject: TUP Ross, Are TUP's for a mobile home issued for full time residence in agriculturally zoned property? Michelle 7/9/2007 S-4�y�e s ScavoneMichelle From: gochenaur r Sent: Tuesday, July 10, 2007 10:50 AM To: ScavoneMichelle; scribnerdavid Cc: IstenesSusan; gochenaur r Subject: Memo MH TU Ag, access uses.doc Attachments: Memo MH TU Ag, access uses.doc I returned a call to Mr Bachman regarding his above -ground pool. He inticated that, after meeting with you, you recommended that he call Susan or I to plead his case. I had to repeat the conclusion reached in the attached memo, which I discussed with Susan before drafting. The pool isn't considered a typical accessory use to a Temporary Use intended to support a farm operation. I explained that if he replaced the mobile home with an approvedmianufactured home, the situation would change, but a appa n y is not in a position to go a route. Since the pool needs a building peim" it c tan be considered ma etet porary structure. He really has no viable alternative to removing the pool. 01 Memo MH TU Ag, access uses.doc... Page 1 of 1 ScavoneMichelle From: ScavoneMichelle Sent: Monday, July 23, 2007 2:32 PM To: CasertaAshley Subject: RE: code case 2006090001 Ok thank you. From: CasertaAshley Sent: Monday, July 23, 2007 2:29 PM To: IstenesSusan; ScavoneMichelle Cc: gochenaur_r Subject: RE: code case 2006090001 I didn't talk to anyone last week. I talked to the homeowner several weeks ago, and told him the pool needed to be removed before his TUP for a MH in Ag could be renewed. Ashley Caserta From: IstenesSusan Sent: Monday, July 23, 2007 1:29 PM To: ScavoneMichelle; CasertaAshley Cc: gochenaur r Subject: RE: code case 2006090001 Michelle, I personally did not have conversation with the property owner. Perhaps Ashley did? Susan From: ScavoneMichelle Sent: Monday, July 23, 2007 1:23 PM To: IstenesSusan; CasertaAshley Subject: code case 2006090001 I made a site visit today on this property to see if un-permitted above ground pool was removed. I spoke to the property owner via phone, in which he related to me that the pool was still up and his lawyer had spoke to you last Thursday. During that conversation it was concluded that the home will be considered a permanent residence therefore he may reapply for the pool permit and get it permitted. Did this conversation take place? And could you tell me the outcome? 7/23/2007 Print Map Page 1 of 1 2007 �d x a i y t j W VA t F' ` x 4 C a's.r�r �,�a^tSy f:�.�„c�ty9&fi„ �.«�"daw x�a ay. �;Y,�. �°•. �, w � © 2004. Collier County Property Appraiser. While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information, nc for the data herein, its use, or its interpretation. http://maps.collierappraiser.com/webmap/mapprint.aspx?title=2007&orient=LANDSCAP... 1 /22/2008 Print Map Page 1 of 1 © 2004. Collier County Property Appraiser. While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information, nc for the data herein, its use, or its interpretation. http://maps.collierappraiser.comlwebmaplmapprint.aspx?title=2007&orient=LANDSCAP... 1 /23/2008 I L t Ye -7. MEMORANDUM Community Development & Environmental Services Division Department of Zoning & Land Development Review To: Zoning Department Staff, Building Department Staff From: Ross Gochenaur, Planning Manager Date: 7 March 2007 Subject: Accessory uses to mobile homes with Temporary Use Permits in Agricultural zoning districts The purpose of a TU permit for a mobile home in Agricultural zoning is to support a bona fide agricultural use — a farm. As such, and as a temporary structure, the accessory uses allowed permanent dwellings in Agricultural zoning, whether mobile homes or single-family homes, do not necessarily apply. Nonetheless, since these units can serve as residences for a relatively long period, it is not unreasonable to allow certain practical accessory uses to be constructed with proper building permits. Typical allowable accessory uses for temporary mobile homes are decks attached to the mobile home, carports (attached or detached), garages, and sheds not necessarily associated with the bona fide agricultural use. In the event that the occupant claims exemption under the Right to Farm Act from permitting for certain structures supporting the farm use, the owner . ,,& nrnvide evidence that the structure is directly related to the bona fide agricultural use on the ro e Accessory structures requiring permits and typically associated with recreational activity, such as swimming pools — above o fled since these are not re at d to thefa permits and tennis courts will not be perm activity which the mobile home exists to support. Cc: Susan M. Istenes, Zoning Director Bill Hammond, Building Director COLLIER COUNTY GOVERNMENT c.iomNiU\TrY DEvN. nPALENT-1,ND FNvf1DIVISION 2800 tN,�rt.h konx6hoe Drive + Napim, Florida 141D4 • 2_9-403-2400 • FA\ 239-40-3-2114 RESIDENTIAL PLAN REVIEW COMMENTS February 5, 2007 James Bachmann 1180 Dove Tree Street Naples, FL 34117-524 Permit No. 2007011761 — Code Case/Above-Ground Pool Cq; 1180 Dove Tree Street Plans submitted with the referenced permit have been reviewed. We are unable to approve your permit application for the reason(s) indicated below. Submit two (2) sets of revised sheets along with two (2) letters of response addressing each item. All corrections must be clouded. Submit all corrections in one package to the front counter. PLEASE NOTE: The Collier County Building Review and Permitting Department routinely reviews all outstanding permit applications in order to determine their status. The review process includes appropriate responses from the permit applicant when the permit cannot be approved. When the applicant is advised of deficiencies and does not respond within six (6) months with corrected plans or an appeal to the Code Enforcement Board, the permit application will be canceled Collier County Ordinance 2002-01, Section, 104. 5.1.1 to 104.5.1.4. Zoning Plan Review -- Angel Tarpley (239) 213-2965 PER THE LDC THIS IS NOT AN APPROVED ACCESSORY STRUCTURE FORTHIS AG ZONING WITH A TEMP MOBILE: HOME ON IT NOTE: If the above items are. Left as is -- They are cornunents that need further attention- - Strikethru —They have been completed and approved. Underlined -- "f hey have been added after further review. If you need additional information, please contact the appropriate plan reviewer. cc: file CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. JAMES BACHMANN, Respondent CEB NO.2006090001 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on January 24, 2008, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: FINDINGS OF FACT That James Bachmann is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, appeared at the public hearing in person and by Attorney Peter Flood. That the Respondent was notified of the date of hearing by certified mail and by personal service. 4. That the real property located at 1180 Dove Tree Street, Naples, FL 34104, FOLIO 00304040009, more particularly described as The West %2 of the South '/z of the South '/2 of the North '/2 of the Northwest'/4 less the West 35 feet thereof, dedicated for road purposes, lying and being in Section 14, township 49, South, Range 27 East, Collier County, Florida is not in violation of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 1.04.0land 2.02.03 in the following particulars: Unauthorized/prohibited above ground pool in Agricultural zoned property. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 1.04.01 and 2.02.03 do not exist in this case. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 30 day of �, 2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: A,— &Z� Sheri Barnett, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) kh The foregoing instrument was acknowledged before me this . L day of 2008, by Sheri Barnett, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or ✓ who has produced a Florida Driver's License as identification. ;i IffiISTINEHOLTON�{ NOTARY PUBLIC MY COMMISSION A DD 686595 EXPIRES: June 18, 2011 My commission expires: , ... Bonded Thru Notary Pubic Undere dters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to James Bachmann, H 80 Dove Tree Street, Naples, Florida 34104 and to Peter Flood, Esq., 125 N. Airport Rd., Ste. 202, Naples, Fl 34104 this"3i:. ""'" day of � 1 2008. ,tZt$ of iLOfIlIVA T�111%T V'4,is is a trU8 IlnO M.'Jea Rawson, Esq. Flori ra Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239)263-8206 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. Ricardo JR. and Magda L. Munoz,Respondent(s) Case No. 2007100608 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 n Notice of Violation 3 Copy of Applicable Ordinance 4-8 Deed 9 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, VS. RICARDO JR. AND MAGDA L. MUNOZ, Respondent Dept. Case No. 2007100608 NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162,12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: January 24, 2008 TIME: 9:00 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: 4143 Kathy Avenue SERVED: Ricardo Jr. and Magda L. Munoz, Respondent Inv. Kitchell Snow, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE -HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:OOAM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner VS. RICARDO JR & MAGDA L MUNOZ (PROPERTY OWNER) Respondent(s) DEPT CASE NO.2007100608 STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2007-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s) 91-102, The Land Development Code, as amended Sec(s) 1.5.6 as amended to, 04-41, The Land Development Code, as amended, Sec(s) 02.02.03. 2. Description of Violation: Recurring violation of using land in ways not permitted by the provisions of a RSF-3 zoning district. The property owner is using subject property for the commercial sale and display of vehicles 3. Location/address where violation exists: 4143 Kathy Ave (folio 26531520004) 4. Name and address of owner/person in charge of violation location: Ricardo (A/K/A Richard) & Magda L. Munoz, 4143 Kathy Ave, Naples, F134104. 5. Date violation first observed: August July 7 h,2004. 6. Date owner/person in charge given Notice of Violation: July 7t', 2004. 7. Date on/by which violation to be corrected: July 8`s, 2004. 8. Date of re -inspection: October 18`h, 2007. 9. Results of Re -inspection: Recurring Violation. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above -described violation continues to exist; that attempts to secure compliance with the Collier Coun9Snow iled as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for. Dated this 30th Day of November 2007 14 Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before this 30th day of November, k G� 2007 by Vtj,) .�-Q (Signature of N t lid) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identification produced NOTARY PUBLIC -STATE OF FLORMA Shirley M. Garcia Commission #DD501305 -?.•� Expires: DEC. 21, 2009 REV 3-3-05 BONDED THRD ATLANTIC BOSDLNG CO., L\C. 2 Case Numb er:t7lGVd 7 0a09 � COLLIER COUNTY CODE ENFORCEMENT Recreational Vehicles, Commercial Vehicles, and/or Prohibited Uses NOTICE OF VIOLATION Respondent: /UL6r & n A' Date: �j ✓J Investigator: JPhone: Location: W3 &4A& ve Legal: Subdivision GJK dock ' Lot�.3 Zoning Dism ➢ e. / Twp. Rng.�� Folio c765 915f QUO y OR Book Pam - Violation: Pursuant to Collier County Code Enforcement Board Violation (continued): Ordinance 92-90 and 97-35, as amended, you are notified that a ❑ Ord. 91-102, Sec. 2.1.15 Prohibited uses and structures f violation(s) of the following codes exists: I. Any use or structure not specifically permitted in a zoning Ord. 91-102 Collier County Land Development Code district as a permitted use, conditional use or use allowed by reasonable implication shall be prohibited in such zoning ❑ Sec. 2.6-7-1.1 Vehicles or trailers of any type that are not districts. immediately operdble, or used for the purpose for which they 2. Roadside sales shall be prohibited in all zoning districts. No were manufactured without mechanical or electrical repairs or the temporary use permit or license can be obtained for any type replacement of parts; or do not meet the Florida Safety Code; or of roadside sale. do not have current valid license plates; or do not meet the 3. Subject to exceptions in Ord. 76-1 1, as amended, the storage, definition of recreational equipment as defined within this code, display, or sale of any items, services, materials, or products, shall not be parked or stored on any residentially zoned or whether finished or unfinished, processed or natural, within designated property, including the Estates district, other than in a public rights -of -way shall be prohibited. completely enclosed building. ❑ Other Ordinance /Narrative: ❑ Sec 2.6.7.2.1 No recreational equipment shall be used for living. sleeping, or housekeeping purposes when parked or stored on a residentially zoned lot, residential districts, or any location not approved for such use. In districts permitting single-family homes or mobile homes, recreational equipment may be parked or stored Order to correct violation(s); only in a rear yard, or in a completely enclosed building, or in a ❑ Must obtain and affix a current valid license plate to each carport, or on davits or cradles adjacent to waterways on vehicle/trailer not stored within the confines of a completely residentially zoned property; provided• however. that such enclosed structure, OR store same within a completely enclosed equipment may be parked anywhere on residential premises other structure, OR remove offending vehicle(s)/trailer(s) from than right-of-way or easements for a period not to exceed 6 hours residentially zoned area. within a time period of seven (7) days for loading and unloading and/or cleaning prior to or after a trip. For the purpose of this ❑ Must repair defects so vehicle is immediately operable, OR store section the rear yard for a corner [lot) shall be considered to be same within a completely enclosed structure, OR remove that portion of the lot opposite the street with the least frontage. offending vehicle(s)/trailer(s) from residentially zoned area. For through lots the rear yard shall be considered to be that ❑ Relocate recreational vehicle/equipment to an enclosed structure, portion of the lot lying between the rear elevation (by design) of rear yard or on davits or cradles adjacent to waterways on the residence and the street residentially zoned property, (as permitted), OR remove offending ❑ Sec 2.6.7.3.1 It shall be unlawful to park a commercial vehicle or vehicles)/equipment from area zoned residential. commercial equipment on any lot in a residential zoning district ❑ Store vehicle(s)/equipment in rear yard AND conceal from view, unless one of the following conditions exists: within a completely enclosed structure, reduce to one (1) ladder (1) The vehicle and/or equipment is engaged in a construction or OR one (1) unit of pipe from roof, OR r-inove offending service operation on the site where it is parked. vehicle(s)/equipment from residentially zoned property. (2) The vehicle and/or equipment is parked in a garage or fully ❑ Remove vehicles)/equipment from unimproved property and/or enclosed structure or carport which is structurally or property regulated by an approved Site Development Plan. vegetatively screened and can not be seen from adjacent properties or the street serving the lot Cease and desist sale and/or display of vehicle(s), equipment, (3) The vehicle is parked in the rear of the main structure and is and/or tnerchandise adjacent to any public ri ht-of-way. enclosed within a vegetative screening which conceals the vehicle from the view of neighbors. Violations ust be C CTED BY: Y (4) Automobiles; passenger type vans; and pickup trucks having a rated load capacity of one ton or less - all of which do not Failure o c rest viol tions may result in: exceed 7-5feetin height, nor 7.0 feet in width, nor 25 feet in 1) M• r ory noti to appear in court or issuance of a citation that length shall be exempted from this section unless prohibited In'y sult in m s p to 5500+costs; or by a special overlay district 2) C e Enfor c r�review, that may result in fines up Exempted from this section is small commercial equipment such t $250 p da a viot ladon. as ladders and pipes which can not be contained within the vehicle. Said equipment shall be limited to one ladder or one unit / of pipe which does not exceed 12 inches in diameter nor extend ", on S gn re Date beyond the length, height or width of the vehicle. 2-6 (/ J Sec. 1.5.6 No building or structure, or part thereof, shall be Investigators ignature Date erected, altered, or used, or land or water used, in whole or in part, other than specifically permitted by the provisions of each zoning Investigators may be contacted at the above referenced telephone district in this code, unless otherwise provided. between the hours of 7:30 a. m. and 4:00 p.m. Monday through Friday for questions pertaining to this notice. White - File Yellow - Respondent Pink - Site Posting Gold - Official Posting COLLIER COUNTY LAND DEVELOPMENT CODE �. D. Where the phrases "industrial districts," "zoned industrially," "industrially zoned," "industrial zoning," or phraseology of similar intent, are used in this LDC, the phrases shall be construed to include: I and industrial components in PUDs. 2.02.03 Prohibited Uses Any use or structure not specifically identified in a zoning district as a permitted use, conditional use, or accessory use shall be prohibited in such zoning district. 2.02.04 Continuation of Provisional Uses Any provisional use, including all stipulations and requirements thereto, approved by the BCC prior to the effective date of this LDC and valid and effective immediately prior to the effective date of this LDC shall be treated under this LDC as follows: A. If such provisional use is provided for as a conditional use in the zoning district in which it is located under this LDC, then it shall be permitted as a conditional use under this LDC. B. If such provisional use is not provided for as a conditional use or permitted use in the zoning district in which it is located under this LDC, then it shall be a legal nonconforming use under this LDC. 2.03.00 ZONING DISTRICTS In order to carry out and implement the Collier County GMP and the purposes of this LDC, the following zoning districts, district purposes, and applicable symbols are hereby established: 2.03.01 Residential Zoning Districts A. Rural Agricultural District "A". The purpose and intent of the rural agricultural district "A" is to provide lands for agricultural, pastoral, and rural land uses by accommodating traditional agricultural, agricultural related activities and facilities, support facilities related to agricultural needs, and conservation uses. Uses that are generally considered compatible to agricultural uses that would not endanger or damage the agricultural, environmental, potable water, or wildlife resources of the County are permissible as conditional uses in the A district. The A district corresponds to and implements the a land use designation on the future land use map of the Collier County GMP, and in some instances, may occur in the designated urban area. The maximum density permissible in the rural agricultural district within the urban mixed use district shall be guided, in part, by the density rating system contained in the future land use element of the GMP. The maximum density permissible or permitted in the A district shall not exceed the density permissible under the density rating system. The maximum density permissible in the A district within the agricultural/rural district of the future land use element of the Collier County GMP shall be consistent with and not exceed the density permissible or permitted under the agricultural/rural district of the future land use element. B. Estate District "E". The purpose and intent of the estates district "E" is to provide lands for low density residential development in a semi -rural to rural environment, with limited agricultural activities. In addition to low density residential development with limited agricultural activities, the E district is also designed to accommodate as conditional uses, development that provides services for and is compatible with the low density residential, semi -rural, and rural character of the E district. The E district corresponds to and implements the estate land use designation on the future land use map of the Collier County GMP, although, in limited instances, it may occur outside of the estates land use LDC2:10 �� ORDINANCE NO. 91-102 AN ORDINANCE ENACTING AND ESTABLISHING A LAND DEVELOP- MENT CODE FOR UNINCORPORATED COLLIER COUNTY, FLORIDA PURSUANT TO THE LOCAL GOVERNMENT COMPREHENSIVE PLAN- NING AND LAND DEVELOPMENT REGULATION ACT, AND CHAPTERS 9J-5 AND 9J-24, FLORIDA ADMINISTRATIVE CODE. PROVIDING FOR SECTION ONE FINDINGS; PROVIDING FOR SECTION TWO SHORT TITLE AND CITATION; PROVIDING FOR SECTION THREE ENACTING AND ESTABLISHING A LAND DEVELOPMENT CODE WHICH PROVIDES FOR ARTICLE ONE, GENERAL PROVISIONS, RELATING TO LEGISLATIVE AUTHORITY, FINDINGS, PURPOSE AND INTENT, APPLICABILITY, IN- TERPRETATIONS, VESTED RIGHTS, NONCONFORMITIES, ENFORCE- MENT, FEES, LAWS INCORPORATED BY REFERENCE, AMENDMENTS TO THIS CODE, CONFLICT WITH OTHER LAWS, SEVERABILITY, RE- PEALER, AND CODIFICATION, EFFECTIVE DATE AND ENACTMENT; PROVIDES FOR ARTICLE TWO, ZONING, RELATING TO GENERAL, ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMEN- SIONAL STANDARDS, OFF-STREET PARKING AND LOADING, LAND- SCAPING AND BUFFERING, SIGNS, SUPPLEMENTAL DISTRICT REGU- LATIONS, AND ZONING ADMINISTRATION AND PROCEDURES; PROVIDES FOR ARTICLE THREE, DEVELOPMENT REQUIREMENTS, RE- LATING TO GENERAL, SUBDIVISIONS, SITE DEVELOPMENT PLANS, EXPLOSIVES, EXCAVATION, WELL CONSTRUCTION, SOIL EROSION i-� CONTROL, ENVIRONMENTAL IMPACT STATEMENTS (EIS), VEGETA- TION REMOVAL, PROTECTION AND PRESERVATION, SEA TURTLE PRO- TECTION, ENDANGERED, THREATENED OR LISTED SPECIES PROTEC- TION, COASTAL ZONE MANAGEMENT, COASTAL CONSTRUCTION LINE VARIANCE, VEHICLE ON THE BEACH REGULATIONS, AND ADEQUATE PUBLIC FACILITIES; PROVIDES FOR ARTICLE FOUR, IMPACT FEES, RELATING TO ROAD IMPACT FEES, PARK AND RECREATIONAL IM- PACT FEES, LIBRARY SYSTEM IMPACT FEES, REGIONAL WATER SYSTEM IMPACT FEE, AND REGIONAL SEWER SYSTEM IMPACT FEE; PROVIDES FOR ARTICLE FIVE, DECISION -MAKING AND ADMINISTRA- TIVE BODIES, RELATING TO BOARD OF COUNTY COMMISSIONERS, PLANNING COMMISSION, BOARD OF ZONING APPEALS, BUILDING BOARD OF ADJUSTMENTS AND APPEALS, CODE ENFORCEMENT BOARD, BUILDING CONTRACTORS' LICENSING BOARD, COUNTY MAN- AGER, GROWTH MANAGEMENT DEPARTMENT, COMMUNITY DEVEL- OPMENT SERVICES DIVISION, DEVELOPMENT SERVICES DEPART- MENT, GROWTH PLANNING DEPARTMENT, HOUSING AND URBAN IMPROVEMENT DEPARTMENT; ENVIRONMENTAL ADVISORY BOARD AND HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD CREATED AND ESTABLISHED; PROVIDES FOR ARTICLE SIX, DEFINITIONS, RE- LATING TO RULES OF CONSTRUCTION, ABBREVIATIONS AND DEFI- NITIONS; PROVIDING FOR SECTION FOUR THAT THE LAND DEVEL- OPMENT CODE SET OUT HEREIN SHALL SUPERSEDE AND REPEAL ANY AND ALL RESOLUTIONS AND ORDINANCES IN CONFLICT HERE- WITH; PROVIDING FOR SECTION FIVE ADOPTION OF ZONING ATLAS MAPS; PROVIDING FOR SECTION SIX SEVERABILITY; AND PROVIDING FOR SECTION SEVEN EFFECTIVE DATE. V S• GENERAL PROVISIONS § 1.5.7 designee shall weigh all facts and circumstances presented and shall determine whether the reasons given for the urgent necessity are valid and reasonable, whether the public health, safety and welfare will be protected or better served by granting the permit requested and whether, should the permit not be granted, the manner and amount of loss or inconvenience to the applicant imposes a significant hardship. Upon an affirmative finding of the foregoing considerations, the county manager or his designee is authorized to issue the emergency construction permit. Notice of said permit application shall be given to all property owners adjacent to the subject site. During such periods of emergency activities and during the normal construction or site preparation hours of 6:30 a.m. to 7:00 p.m., the noise levels generated by construction or site preparation activities shall not exceed those permitted under the Collier County Noise Control Ordinance or its successor in function [Code ch. 54, art. IV]. 1.5.5.1. Exceptions. Construction activities or site preparation activities performed by the county, state or federal governments are exempt from this provision provided that section Six:E of the Collier County Noise Control Ordinance or its successor in function [Code ch. 54, art. IV] is complied with. (Ord. No. 92-73, § 2) Code reference —Similar provisions, § 54-92(e). Sec. 1.5.6. Permitted uses and structures. No building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or in part, other than specifically permitted by the provisions of each zoning district in this code, unless otherwise provided. (Ord. No. 92-73, § 2) Sec. 1.5.7. Provision of water, sewer and reuse irrigation water within the Collier County Water -Sewer District; applicability to special purpose indepen- dent governments. The Collier County Water -Sewer District is a dependent special district created by the Florida legislature. Its governing body is ex officio the board of county commissioners. The Collier County Water -Sewer District has been charged by the legislature with the overall responsi- bility for the provision of water and sewer services within the boundaries of the Collier County Water -Sewer District, which are more particularly described in chapter 88-499, Laws of Florida. This legislative charge is consistent with the goals and policies of the state comprehensive plan and the Collier County growth management plan in that a regional utility system like that operated by the Collier County Water -Sewer District (1) fulfills the goal of assuring the ability of an adequate supply of water among competing uses by requiring development to be compatible with existing local and regional water supplies, (2) fulfills the goals of protecting the county's substantial investments in regional public utility facilities by maximizing the use of such existing public facilities, (3) fulfills the goal of economic and efficient provision of Supp. No. 7 LDC1:9 I UI Or m m m m m m 0] m E D) m m m m m LD G7 D E D m f�*K' -p,�.• `.'S'U a"'` { N m N m N m to m N-. m to m N m tofu a;inn w =! > m � u H m m � Ur mgzl- 6 Maw m m ma �� _ m Golf Course - GC Rural Agricultural - A Estate - E Residential Single Family - RSF1 - RSF6 Residential Multiple Family-6 - RMF-6 Residential Multiple Family-12 - RMF-12 Residential Multiple Family-16 - RMF-16 Residential Tourist - RT Village Residential - VR Mobile Home - MH Travel Trailer - Recreational Vehicle Campground - TTRVC v Commercial Professional and General Office' - C-1 v v Commercial Convenience - G2 o v v Commercial Intermediate - G3 v v v mil General Commercial - G4 Heavy Commercial - C-6 v IndusVlal - I v v Business Park • BP v Conservation - CON Public Use - P Community Facility - CF Glades Parkway Professional Office Commercial FGolden Merket Overlay (Immokalee) usiness Overlay (Immokalee) Main Street Overlay (Immokalee) v Santa Barbara Commercial Overlay Bayshore Drive Mixed Use Overlay Waterfront Subdistrict Residential Subdistrict (R-1) Residentlal Subdistrict 2 (R-2) Residential Subdistrict 3 (R-3) m v Golden Gate Downtown Center a Comm role[ Overlay (GGDCCO) (Refer to GGDCCO In Chapter& 2 and 64) 7. M ° c n ��<`= C. c Da1D sss�mzmwzmma�=? p3md$�r�` m m V oc aNmw m v 2 m V NZ m m w v H C c'°�a> O In 3 w Qt qoa -=-Z2�3H33� m O �a m 0 (nDm a•v 0. _ n N G z ;_ 5 V DDD C aa� ;ma= .. O V D V U> r J J D �. m � N V �4 V J V -_� a) "m J V rJ + D 1 J A w m C_ o m P rr0 N G 3R`Yt m min a' J N F"0. y16;ry �F�nm@ @ fg x s:.�+..''ai1 �r .�,,�+G, Qc� ��^ . 41 rt y 4�, .. 1we" , .,a. 3c La . n 0 Golf Course - GC Rural Agricultural - A N V Estate - E Residential Single Family - RSF1 - RSF6 Residential Multiple Family-6 - RMF-6 Residential Multiple Family-12 - RMF-12 Residential Multiple Famlly-16 - RMF-15 Residential Tourist - FIT Village Residential - VR Mobile Home - MH 'y a m Travel Troller - Recreational Vehicle Campground - TTRVC a Commercial Professional and General Office • C-1 5 v v v v 'o 9 Commercial Convenience - C-2 a r 0 T Commercial Intermediate - C-3 C r t v v v m v v v m General Commercial - C-4 i v 1 Heavy Commercial - C-5 1 I v v m v v v 'o v v � v In Industrial -1 u v -O v a Business Perk - BP v Conservation - CON c Public Use - P Community Facility - CF -° Golden Glades Parkway Professional Office Commercial v v Farm Market Overlay (Immokalee) Agribusiness Overlay (Immokalee) Main Street Overlay Qmmokeke) v v v Santa Barbara Commercial Overlay v v Beyahore Drive Mixed Use Overlay Waterfront Subdistrict Residential Subdistrict (R-1) \ Residential Subdistrict 2 1 Residential Subdistrict 3 (R-3) m Golden Gate Downtown Center Commercial Overlay (GGDCCO) (Refer to GGDCCO In Chapters 2 and 64) '** 3792979 OR: 3989 PG: 3773 *x RECORDED is OFFICIAL RECORDS of COLLIRR COUNTY, FL 0212E(20H at 02:51H DNIGHT E. EROCK, CLERI Retn: CONS MUM Ricardo Murioz: RBC F3F lO.OQ 4143 Kathy Ave Naples, FL 34104 DOC-.70 350.00 COPIES 1.00 NISC 1.50 Ratn: NAGDA NUNOI 4143 UTHY AVE WARRANTY DEED NAPUS FL 34104 THIS INDENTURE, made this 27a' day of February, 2006, between MARGARITA MUIROZ, an un-remarried widow, whose post office address is 4019 Estey Ave, Naples, FL 34104, GRANTOR, and RICARDO MUNOZ, JR. and MAGDA L. MUROZ, as Husband and Wife and MARGARITA MUROZ an un-remarried widow, whose post office address is 4143 Kathy Avenue, Naples, FL 34104, GRANTEE. WITNESSETH that said Grantor, for and in consideration of the sum of TEN DOLLARS, and other good and valuable consideration to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledge, have granted, bargained and sold to the said Grantee, and Grantee's heirs and assigns forever, the following described land, situated, lying and being in Collier County, Florida, to -wit: LOTS 13 AND 14, BLOCK C, COCONUT CREEK, UNIT NO. 3, ACCORDING TO PLAT IN PLAT BOOK 3, PAGE 48, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA Subject to easements and restrictions common to the subdivision; and real estate taxes for the current year, Property Identification Number 26531520004 and 26531560006. and said Grantor does hereby ful id land, and will defend the same against the lawful claims of all �' omsoever. IN WITNESS WHEREOF, e r nto set Grant is hand and seal the day and year first above written. \yy Singed, sealed and deliver d(0in our presen?6.� / . 1 L , J Witness 41 \T MARGA \\ G 4019 m 4104 ess.#2 SATE OF FLORIDA COUNTY OF COLLIER 2006, THE FOREGOING instrument was acknowledged before me this rn day of February, by MARGARITA MUROZ, who are personally know ty or whe-has-predueed wt take an oath. SARA CARRASC�-- Aki- C isAiE� y Public 1 Name: S A � BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. DEPT NO. 2007100608 RICARDO JR & MAGDA L. MUNOZ (PROPERTY OWNERS) Respondent(s), STIPULATIONIAGREEMENT COMES NOW, the undersigned, ��� 1_-"�`.t_OOe -, on behalf of himself or, representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2007100608 dated the 24T" day of JANUARY, 2008. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for January 24, 2008; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 02.02.03 and are described as, Using land in ways not permitted by the provisions of a RSF-3 zoning district. The property owner is using subject property for the commercial sale and display of vehicles. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $270.28 incurred in the prosecution of this case. 2) Abate all violations by: A. Remove any vehicles for sale from the property that are not personally owned, licensed and registered to the owners of the property in question within 48 hours of the date of this hearing or a fine of $100.00 a day will be imposed until such time a the vehicles are removed. B. Cease any use in whole or in part that is prohibited within RSF-3 zoning district C. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. Respondent Michelle old Director � - / ,-,7 6. Date REV M3/07 1 Code Enforcement Dep ment �( / /� , Date CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. RICARDO JR. AND MAGDA L. MUNOZ, Respondents CEB NO. 2007100608 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on January 24, 2008, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: FINDINGS OF FACT 1. That Ricardo Jr. and Magda L. Munoz are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents, having been duly notified, did not appear at the public hearing, but entered into a Stipulation. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 4143 Kathy Avenue, Naples, Florida, Folio 26531520004, more particularly described as Lots 13 and 14, Block C, Coconut Creek, Unit No. 3, according to Plat in Plat Book 3, Page 48, Public Records of Collier County, Florida is in violation of Collier County Ordinance 04-41, the Land Development Code, as amended, section 02.02.03 in the following particulars: Recurring violation of using land in ways not permitted by the provisions of a RSF-3 zoning district. The property owner is using subject property for the commercial sale and display of vehicles. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation incorporated herein and attached hereto, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, section 02.02.03 be corrected in the following manner: 1. By removing all vehicles for sale from the property that are not personally owned, licensed and registered to the owners of the property in question within 48 hours (January 28, 2008). 2. By ceasing any use in whole or in part that is prohibited within RSF-3 zoning district. 3. That if the Respondents do not comply with paragraph 1 of the Order of the Board by January 28, 2008 , then there will be a fine of $100 per day for each day for each day the violation remains. 4. That the Respondents are to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $270.28 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 36 day of , 2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER C UNTY, FLORIDA BY: t,,..' c•,. Sheri Barnett, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this. day of _ cty I L O.,- / , 2008, by Sheri Barnett, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or ,- -who has produced a Florida Driver's License as identification. v{ KRISTINE HOLTON MY COMMISSION N DD 686595 NOTARY PUBLIC ; $, EXPIRES: June 18, 2011My commission expires: M, - Bonded Thai Notary PubAc Undernder writers CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Ricardo and Magda Munoz, 4143 Kathy Avenue, Naples, FL 34104 this __3 "day of c , , 2008. Star$ C ! f »f : �,' 64 'sj a tnia �4! Con i a. C'- 1 .;sjvj}� County 113 'J TY I:�i"1 i i:.. '1.t3 �. �.5�'�,s R 's :. i.3Tik. ; 1�`.,'✓i URTS, VIC. M. Jean, Rawson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239)263-8206 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. DEPT NO. 2007100608 RICARDO JR & MAGDA L. MUNOZ (PROPERTY OWNERS) Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, ��00 on behalf of himself or, — ---ao= representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2007100608 dated the 24T" day of JANUARY, 2008. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for January 24, 2008; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 02.02.03 and are described as, Using land in ways not permitted by the provisions of a RSF-3 zoning district. The property owner is using subject property for the commercial sale and display of vehicles. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $270.28 incurred in the prosecution of this case. 2) Abate all violations by: A. Remove any vehicles for sale from the property that are not personally owned, licensed and registered to the owners of the property in question within 48 hours of the date of this hearing or a fine of $100.00 a day will be imposed until such time a the vehicles are removed. B. Cease any use in whole or in part that is prohibited within RSF-3 zoning district C. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. Respon ent Michelle old Director 1 2 . Date REV 2/23/07 Code Enforcement Dep ment Date *** 3792979 OR: 3989 PG: 3773 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 02/28/2006 at 02:51PK DWIGHT E. BROCK, CLERK Ricardo Mufioz: CORs 50000,00 4143 Kathy Ave RIC FEE 10.00 Naples, FL 34104 DOC-.70 350.00 COPIES 1.00 KISC 1.50 Retn: KAGDA KOWOE 4143 UTHT AVE WARRANTY DEED EAPLES IL 34101 THIS INDENTURE, made this 27d' day of February, 2006, between MARGARITA MUSOZ, an un-remarried widow, whose post office address is 4019 Estey Ave, Naples, FL 34104, GRANTOR, and RICARDO MUSOZ, JR. and MAGDA L. MUSOZ, as Husband and Wife and MARGARITA MUROZ an un-remarried widow, whose post office address is 4143 Kathy Avenue, Naples, FL 34104, GRANTEE. WITNESSETH that said Grantor, for and in consideration of the sum of TEN DOLLARS, and other good and valuable consideration to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledge, have granted, bargained and sold to the said Grantee, and Grantee's heirs and assigns forever, the following described land, situated, lying and being in Collier County, Florida, to -wit: LOTS 13 AND 14, BLOCK C, COCONUT CREEK, UNIT NO. 3, ACCORDING TO PLAT IN PLAT BOOK 3, PAGE 48, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA Subject to easements and restrictions common to the subdivision; and real estate taxes for the current year, Property Identification Number 26531520004 and 26531560006. and said Grantor does hereby against the lawful claims of all IN WITNESS WHEREOF, first above written. Singed, scaled and in our oreseno6h . Witness #1 ess.#2 SATE OF FLORIDA COUNTY OF COLLIER land, and will defend the same 104 L, and seal the day and year THE FOREGOING instrument was acknowledged before me this m day of February, 2006, by MARGARITA MUSOZ, who are personally know to m or whe has-predueed and who id t take an oath. SARA CARRASCO MY COMMISSION # OO 233436 v miS§�. VXPiWW12.2007 1 AMY a)' Disman nssx. Ca. y Public CC ��1^ Name: J ARP,l � 0 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. Circle K. Stores, Inc, Respondent(s) Corporation Service Company as (Registered Agent) Realty Income Properties Thomas A. Lewis (CEO) as Property Owner Case No. 2007050136 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-6 Copy of Applicable Ordinance 7-19 Deed 20-23 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Dept. Case No. 2007050136 Plaintiff, VS. CIRCLE K. STORES, INC CORPORATION SERVICE COMPANY AS REGISTERED AGENT REALTY INCOME PROPERTIES. THOMAS A. LEWIS (CEO) AS PROPERTY OWNER, Respondents NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: January 24, 2008 TIME: 9:00 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: 10996 Winterview Drive SERVED: Cicle K. Stores, Inc Corporation Service Company as Registered Agent Realty Income Properties, n Thomas A. Lewis (CEO) as Property Owner, Respondents Inv. Kitchell Snow, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE -HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:OOAM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner DEPT CASE NO. 2007050136 VS. CIRCLE K STORES INC CORPORATION SERVICE COMPANY (BUSINESS OWNER) REALTY INCOME PROPERTIES THOMAS A LEWIS (CEO) (PROPERTY OWNER) Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2007-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s) 04-41, Collier County Land Development Code, as amended, Sec(s) 10.02.06[B][2][a], and 10.02.06[B][2][d][ix]. 5.06.04[C][8][b], 5.06.04[C][8][c], 5.06.04[C][8][d], and 5.06.04[C][8][e]. 2. Description of Violation: Signs erected without proper permits. 3. Location/address where violation exists: 10996 Winterview Dr ( folio 33430040005). 4. Name and address of owner/person in charge of violation location: Realty Income Properties, Thomas a Lewis (CEO), 220 West Crest St, Escondido, CA 92025 and Circle K Stores Inc, Corporation Service Company, (as Registered Agent), 1201 Hays Street, Tallahassee, F132301. 5. Date violation first observed: May 22 ,2007. 6. Date owner/person in charge given Notice of Violation: September 21st ,2007. 7. Date on/by which violation to be corrected: October 10t', 2007. 8. Date of re -inspection: October 22st, 2007. 9. Results of Re -inspection: Violation Remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official bereby ertifies that continues to exist; that attempts to secure compliance with the Collier Coun Code have fa violation should be referred to the Collier County Code Enforcement Board for public hearing. Dated this 15th Day of November,2007 STATE OF FLORIDA COUNTY OF COLLIER above -described violation as aforesaid; and that the Code Enforcement Investigator S rn t (or re this 15th day of November, 2007 by Kitchell T. Snow /(Signature of Not is (Print/Type/Stamp Commissioned N of Notary Public) Personally known or produced identification Type of identification produced REV 3-3-05 ame 1dOTARY PUBLIC . STATE OF FLORIDA Delicia Pulse Commission # DD629723 Expires: JAN. 16, 2011 BONDED THRU ATLANTIC BONDING CO., INC. 2 Lase Number ZUU/ WU 1 SO COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION REALTY INCOME PROPERTIES Date: 9112/07 Investigator KITCHELL T. SNOW Phone: 239-403-2493 THOMAS A. LEWIS (CEO) [PROPERTY OWNER] CIRCLE K STORES INC CORPORATION SERVICE COMPANY AS REGISTERED AGENT: BUSINESS OWNER] Zoning Dist failing: 220 WEST CREST STREET Legal: ESCONDIDO, CA 92025 Subdivision 1201 HAYS STREET TALLAHASSEE FL 32301 .ovation: Folio 10996 WINTERVIEW DR _ Unincorporated Collier County NOTICE Pursuant to Collier County Code Enforcement Board (CEB) Ordinance No. 2007-44, as amended, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above - described location. DOrd No. D4-0411AND DEVELOPMENT CODE Section 5.06.04[C][8][b] as amended aP-yNo. 04-04LLAND DEVELOPMENT CODE Section 5.06.04[C][8][c] as amended No. 04-MLLAND DEVELOPMENT CODE Section 5.06.04[C][8][d] as amended DOrd No. 04-041.LAND DEVELOPMENT CODE Section 5.06.04[C][8][e] as amended DOrd No. 04-D411AND OEVELOPMENT CODE Section 10.02.06[B] [2][a as amended DOrd No. 04-041.LAND DEVELOPMENT CODE Section 10.02.06[B][2][d][ as amended ix DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: 5=07- [1] CANOPY SIGNS CORPORATE LOGO, AFFIXED TO GAS CANOPY WITHOUT OBTAINING PROPER PERMIT(S) [2] GROUND SIGN CIRCLE K ERRECTED WITHOUT OBTAINING PROPER PERMIT(S) 3) CIRCLE K WALL SIGN ERRECTED WITHOUT FIRST OBTAINING PROPER PERMIT(S) .THIS IS CONTARY TO THE LAND DEVELOPMENT CODE AND MUST BE BROUGHT INTO COMPLANCE WITH CURRENT CODE. Supplemental attached ORDINANCES INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT KITCHELL T. SNOW /'1dESTIGATOR: 0 No. Horseshoe Dr. Naples, FL 34104 </39) 403-2493 Fa 39) 403-2324 Investigator signature 'tZr6rr. of Vinlatinn (lrianal to Fil. (— to P--A—f C Sec 25 Twp 48 Rng 25 Block Lot 33430040005 OR 3540 Page 3204 Book VIOLATION STATUS: ®INITIAL ❑RECURRING ❑REPEAT ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s) [1-3) OBTAIN PROPER COUNTY PERMT(S) FOR SAID SIGN(S) AND/OR REMOVE. REMOVE ANY SHADOWING CREATED BY REMOVAL OF WALL SIGN. ALL INSPECTIONS AND CERTIFICATE OF OCCUPANCY (CO) MUST BE COMPLETED WITHIN 60 DAYS OF ISSUANCE OF AFTER THE FACT PERMITS FOR SAID SIGNS. CEASE ALL FUTURE PLACEMENTS OF SIGN(S) OTHER THAN THOSE IN COMPLIANCE WITH THE COLLIER COUNTY LAND DEVELOPMENT CODE. ❑Supplemental attached ON OR BEFORE: OCTOBER 10TH 2O07 Failure to corned violations may result in: 1) Mandatory notice to appear in court or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: []Personal Service TiKertified Mail ❑Posting of Property []Fax []Mail Signature and Title of Recipient Print Dated this 'JZ� day of SEPTEMBER 2007 o- rti a Ln N m 0 S Postage 1 $ I A Certified Fee C3 Postmark C3 Return Receipt Fee O (Endorsement Required) Here r-3 Restricted Deiivery Foe E:3 (Erx nj rij Tc THOMAS LEWIS (CEO) O REALTY INCOME PROPERTIES Ben. 220 WEST CREST STREET rl- ESCONDIDO, CA 92025 0 ------------------- � Stre. ►`- orP. Case Nbr - 2007050136 04y ------------------ u �r � - i racK 4y- uoiiiiriii x -6� . �' � ja, UIVITEDSTES . POSVIESTAERMEo Harm I Help Track & Confirm Track & Confirm Search Results Label/Receipt Number: 7007 0220 0000 4037 5179 —ZW1�7'1 IM-1 Status: Delivered Track & Confirm Enter LabeVReceipt Number. Your item was delivered at 8:28 AM on September 21, 2007 in ESCONDIDO, CA 92025. Notification Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. (60-1 Site map Gontact Us Forms Gov't Services Jobs Envacy.p9licy Terms of Use National & Premier Accounts Copyright(D 1999-2007 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA http://trkcnfn-nl.smi.usps.com/PTSIntemetWeb/InterLabellnquiry-do 10/26/2007 5-- ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. s Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: CIRCLE K STORES INC CORPORATION SERVICE COMPANY R/A 1201 HAYS STREET TALLAHASSEE, FL 32301 Case Nbr - 200705013E A. Signature [IAgent X ❑ Address c i d ame) C, Da of De1V�f Kim Glover I/V D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No __ M � � • CW B. Sqvice Type -ertified Mail ❑ Express Mail ❑ Registered. ❑ Return Receipt for Merchandi ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. 1 ?00? 0220 0000 4037 5162 ' K-5`3-:�IN 0 ( PS Form 3811, February 2004 Domestic Return Receipt O 102595-02-M-1 .�0 e. s '-q I1 CF t� S M 0 Postage $ Certified Fee O � Return Receipt Fee Postmark Here fD (Endorsement Required) 0 Rc r3 I'1.J (En CIRCLE K STORES INC ru Tc CORPORATION SERVICE COMPANY R/A 1:3 YS STREET 1201 I3A Sen TpLLAHp,SSEE, FL 32301 ---- --------- 0 Srre or Case Nbr - 2007050136 ----------------------------------------- CIIy, ter. SIEMENS!! IBM 6-c�. TABLE INSET: Project Implementation Timeline # of Phases Phase Timelines 18 months 1 18 months 18 months —First Phase 30 months 2 30 months —Second Phase 18 months --First Phase 42 months 3 30 months --Second Phase 42 months --Third Phase 18 months --First Phase 30 months --Second Phase 54 months 4 42 months —Third Phase 54 months --Fourth Phase b. Building permits must be obtained for each unit when relocated and replaced within an approved park, otherwise the code enforcement action will proceed except as otherwise provided pursuant to section 10.02.05 F.2.e. (Ord. No. 04-72, § 3.BB) 10.02.06 Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Developmentof regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier n County growth management plan, or (2) if issuance of said development order ogor] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the http://Iibraryl.munir-ode.com/mcc/DocView/13992/l/66/68 6/26/2007 7 growth management plan. B• Building or Land Alteration Permits. ^4 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered , utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless heshall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms ; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in en -or. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or http://Iibraryi.municode.com/mcc/DoeView/13992/l/66/68 6/26/2007 construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on -site or to permit construction of an approved water management system, to minimize stockpiles and hauling off -site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). f. Zoning and land use approval required prior to or simultaneously with issuance of building or land alteration pennit or occupancy of land and space. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the Land development Code, shall be required prior to obtaining a building or land alteration permit or to occupying any space of land or buildings or for the conduct of a business in all zoning districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. i. For the purposes of determining compliance with the zoning provisions of the Land Development Code, an approval of a site development plan pursuant to section 10.02.03 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the Land Development Code, including the uses of the building space upon which applicable off-street parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the Land Development Code. ii. In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any http://Iibraryl.municode.com/mGc/DocView/13992/l/66/68 6/26/2007 approval conferred upon the building and the land pursuant to section 10.02.03 and of a zoning certificate issued for the building and the land, shall be required. iii. A zoning certificate shall be required for any use of land or buildings located in residential zoning districts, which involve the conduct of a commercial or other nonresidentially allowed uses of land or buildings. 2 Building Permit applications for signs. ., e a. General. Any person wishing to erect, place, rebuild, reconstruct, relocate, Fatter , or change the sign copy (see section 5.06.04 for exceptions) of any sign shall apply for and receive a building permit in accordance with Resolution No. 91-642, prior to the commencement of any work. A building permit will be issued by the community development services administrator, or his designee, provided that all permit requirements of the Code and all other applicable provisions of Collier County's ordinances and regulations have been met. b. Permit fees. A building permit fee shall be collected pursuant to the fee schedule set forth by resolution. c. Form. Every application for a building permit shall be in writing upon forms to be furnished by the County Manager or his designee, or his designee. d. ,Application contents. In order to obtain a permit to erect, place, rebuild, reconstruct, relocate, alter or change the sign copy of any sign under the .. provision of this Code, an applicant shall submit to the building official a building permit application which shall set forth in writing a complete description of the proposed sign including: i. The name, address and telephone number of the: (a) owner and lessee of the sign and (b) sign contractor or erector of the sign. ii. The legal description and the street address of the property upon which the sign is to be erected. iii. The dimensions of the sign including height. iv. The copy to be placed on the face of the sign. v. Other information required in the permit application forms provided by the County Manager or his designee, or his designee; including two copies of the site plan, elevation drawings of the proposed sign and identification of the type, height, area and location of all existing pole signs, ground signs and directory signs on the subject parcel. vi. Two blueprints or ink drawings, certified by a Florida registered engineer or a Florida registered architect, of the plans and specifications and method of construction and attachment to the building or the ground for all pole signs and all projecting signs; and any ground sign over 32 square feet. vii. Wall signs, or any separate part thereof, which is to be affixed to a wall shall be fastened flush with the surface with fasteners which shall have the capacity to carry the full load of the sign or separate part thereof under wind load conditions of the approved Collier County Building Code Ordinance [Code § 22-106 et seq.],Flood Ordinance [Code ch. 62. art. II], and the Coastal Building Zone Ordinance [Code ch. 22, art. VIII]. Any such sign or separate part thereof which is not mounted flush with the surface and which weighs more than 20 pounds shall have a Florida registered engineer design the mounting or fastening system and depict http://Iibraryl.municode.com/mcr,/DocView/13992/l/66/68 6/26/2007 the system on signed and sealed drawings which shall accompany the permit application. viii. If the sign or sign copy is to be illuminated or electronically operated, the technical means by which this is to be accomplished. ix. ' The permit number shall be displayed or affixed at the bottom of the sign face and shall have the same life expectancy as the sign. Such permit number shall be clearly legible to a person standing five feet in front of the base of the sign and in no case shall the permit number be less than one-half inch in size. e. Expiration of permit. Building permits shall expire and become null and void if the work authorized by such permit is not commenced and inspected within six months from the date of issuance of the permit. f. Adherence to the Unified Sign Plan: Requests for building permits for permanent on -premise signs shall adhere to the Unified Sign Plan, which shall be kept on file in the community development and environmental services division. Requests to permit a new sign, or to relocate, replace or structurally alter an existing sign shall be accompanied by a Unified Sign Plan for the building or project the sign is accessory to. Existing permitted signs may remain in place; however, all future requests for permits, whether for a new sign, or relocation, alteration, or replacement of an existing sign, shall adhere to the Unified Sign Plan for the property. C. Vegetation Removal permit requirements. 1. Other permits required. No vegetation removal permit shall be issued by the County Manager or his designee until all applicable federal and state, and County approvals as designated by the County Manager or his designee have been obtained. These approvals may or may. not include, but are not limited to: a. Building permits. (Except in accordance with section 4.06.04 A. of this Code.) b. Special treatment (ST) development permits. c. U.S. Army Corps of Engineers permits or exemptions. d. Florida Department of Environmental Protection permits or exemptions. e. U.S. Fish and Wildlife Service permits or exemptions. f. Florida Fish and Wildlife Conservation Commission permits or exemptions. g. South Florida Water Management District permits or exemptions. h. Other applicable agency reviews or permits or exemptions. i. Other county approvals. 2. Application contents. Application for a vegetation removal permit shall be submitted to the County Manager or his designee in writing on a form provided by the planning services department. The application shall include the following information: a. A generalized vegetation inventory which includes: i. Generalized vegetation inventory superimposed on a current aerial. A generalized vegetation inventory shall show the approximate location and extent of vegetation on the site. The inventory shall be based upon the most current available information. The inventory shall be in the form of n an aerial or a field survey, and may be accompanied by photographs or videotapes illustrating typical areas of vegetation referenced to positions http://Iibraryl.municode.com/mce/DoeView/13992/l/66/68 6/26/2007 on the aerial or survey, but shall clearly indicate habitat types and protected vegetation, and may be accompanied by photographs or videotapesillustrating typical areas of vegetation referenced to positions �., on the aerial or survey. The generalized vegetation inventory shall be prepared in some manner which clearly illustrates the relationships between the areas of vegetation and the proposed site improvements. ii. Generalized written assessment and evaluation. The generalized vegetation inventory shall be accompanied by a brief written assessment of the plant communities which have been identified on the site. The assessment shall include an evaluation of character and quality of the plant communities identified, including their rarity, viability, and such other physical characteristics and factors that may affect their preservation. The inventory assessment and evaluation shall be prepared by a person knowledgeable in the identification and evaluation of vegetative resources, such as a forester, biologist, ecologist, horticulturist, landscape architect, or certified nurseryman. iii. Reasonable additional information. The County Manager or his designee may require that the application include such additional information which is reasonable and necessary for adequate administration of this section. b. A site plan which includes: i. Property dimensions. ii. Location of existing infrastructure and alterations. iii. Location of proposed structures, infrastructure and alterations. �-. iv. The location and species of all protected vegetation. Large stands of a single species, such as cypress heads, may be indicated as a group with an approximate number or area. v. Designation of all protected vegetation proposed for removal. vi. Location and details of protective barricading of the vegetation to be retained. vii. Description of any proposed alteration of mangroves. viii. Description of any proposed maintenance trimming of mangroves. c. An executed statement which includes: i. Name, address, and phone of property owner. ii. Name, address, and phone of authorized agent and on -site representative. iii. Proof of ownership. iv. Legal description. v. Reason for proposed removal. vi. Method to distinguish vegetation to be removed from vegetation to be preserved and method of removal. It should be noted that the root system of the vegetation shall also be protected. vii. Signature of property owner or copy of a specific contract signed by property owner. http://Iibraryl.municode.com/mcc/DocView/l3992/l/66/68 6/26/2007 --o 5.06.00 SIGNS shall be considered as one sign. �. 2. Spot or floodlights shall be permitted only where such spot or floodlight is non - revolving and said light shines only on the owner's premises or signs and away from any right-of-way. 3. Official Address Numbers and/or the range of Official Address Numbers shall be posted within the upper third portion of the sign face or in the area defined in this section of the Land Development Code of Commercial and residential signage that utilizes the following sign types: pole sign, ground sign, and directory signs. Address numbers on signs shall be a minimum height of eight (8) inches. (Ord. No. 04-72, § 3.U) 5.06.04 Sign Standards for Specific Situations �. A. Real estate signs: As defined, shall be permitted in non-residential districts subject tot e following: 1. One ground sign with a.n s ze uer streetfrontagefeet foroeachwall pac el,with or lot ess than mum area of twelve square feet i p one acre in size. (No building permit required.) 2. One ground sign with a maximumheight foheach parcel,or wall or lot o ne to'ten acresnin size. um 32 square feet in size, per streetfronag (No building permit required.) mum Of 3. One ground sign with a maximum he�go� each parcel oght of 15 feet or r/lot nall gex excess ofth a rien'acres in 64 square feet in size, per streetfrontag size. A building permit is required. line. In 4. Real estate signs shall not located owherecthee exhsting vegetati n may an ten feet frm any rnot allow the the case of undeveloped parcels line, the County Manager or his designee location of the sign ten feet from the property may allow a reduction in the amount of the required setbackwever,in authorized by thlll no case said sign Z ninlocated feet iance processproperty I ne unless board of 9 appeals through the va 5. Real estate signs shall be removed when an applicable temporary use permit has expired, or within seven days of any of the following conditions: ownership has changed; or, the property is no longer for sale, rent or lease. 6. A sign advertising that a property has been sold or leased shall not be displayed for more than 14 days after it is erected. B. Construction signs. All supports for su hconstruct ionl and nobe cclose urely built, ten feet from any erected and shall be located on the site under property line, and subject to the following: of 1. One ground sign with a maximum he gh cti n sign byn feet wallhe sign, with a contramaxictor the 12 square feet, may be used as a con development or as a permit board, within eachfront yard for each parcel less than one acre in size. (No building permit required.) 2. One ground sign with a maximum height of ten feet or wall sign, with a maximum of 32 square feet in size, may be used as a construction sign by the general contractor of 10-1.1 the development or as a permit board, within eachfront yard for each parcel one to ten acres in size. (No building permit required.) 3. One pole sign with a maximum height of 15 feet or wall sign, with a maximum of 64 'L,++ ,. /nM.,, a, 71 rn„n;r-.nfiP. c;0m/mcc/DocView/13992/1/36/42 1/11/2007 , /3 �.Vb.VU Ji�rlv� square feet in size, may be used as a construction sign by the general contractor of the development or as a permit board, within eachfront yard for each parcel in excess of 10 acres in size. 4. One ground or wall sign, with a maximum of 4 square feet in size, may be used as a construction sign by each contractor, lending institution, or other similar company involved with the development, regardless of parcel size. (No building permit required). 5. All construction signs must be removed prior to the issuance of a certificate of �w occupancy. On -premise signs. on pole signs, ground signs, projecting signs, wall signs, an mansard signs shall be allowed in all nonresidentialiy zoned districts subject to the restrictions below: 1. Pole or ground signs. Single -occupancy parcels , shopping centers, office complexes, business parks, or industrial parks having frontage of 150 feet or more on a public street, or combined public street frontage of 220 linear feet or more for corner lots, shall be permitted one pole or ground sign. Additional pole or ground signs may be permitted provided that there is a minimum of a 1,000-foot separation between such signs, and all setback requirements are met. In no case shall the number of pole or ground signs exceed two per street frontage . a. Maximum allowable height. All pole or ground signs within nonresidential zoned districts and as applicable to nonresidential designated portions of PUD zoned properties are limited to a maximum height of 15 feet when located along anarterial or collector roadway and 12 feet for all other roads, except as provided in this Code for pole or ground. Height shall be measured from the lowest centerline grade of the nearest public or private R.O.W. or easement to the uppermost portion of the sign structure. b. Minimumsetback. All pole or ground signs within nonresidential districts and as applicable to nonresidential designated portions of PUD properties shall not be located closer than ten feet from the property line. sign area: 80 square feet for pole or ground signs or collector roadway and 60 square feet for all other c. Maximum allowable located along anarterial roads. zoned zoned d. The location of all permanent pole, ground signs shall be shown on the landscape plans as required by section 4.06.05. e. Pole signs shall provide a pole cover no less than 50 percent of the width of the sign, with architectural design features including colors and/or materials common to those used in the design of the building the sign is accessory to. A minimum 100 square foot planting area shall be provided around the base of any ground or pole sign, consistent with the provisions of this section of this Code, development of landscaping shall be approved by the County consistent with Section 4.06.03 A. of the LDC. f. Ground signs for smaller lots. Single -occupancy parcels , shopping centers, office complexes, business parks, and industrial parks may be issued a sign permit for one ground sign provided that the following minimum requirements are met, as applicable: i. For those lots orparcels with public road frontage of no less than 100 feet, but up to 149.9 feet, or a combined public street frontage of no less than 150 feet but less than 219.9 feet for corner lots or parcels : a) No portion of the ground sign may be located closer than 10 feet from any property line; http://Iibraryl.munir-ode.com/mcc/DocView/13992/l/36/42 1/11/2007 /� J.UO.UU OlU1Vo b) A planting area of no less than 100 square feet shall be provided around the base of the ground sign; c) The groundsign's architectural design, construction, and color shall include features common to those used in the design of the building where the corresponding business requesting the sign is accessory to; d) The ground sign may be double -sided but cannot be placed in a V-shape, and must display identical copy on both faces; e) Any illumination of the sign must be non -revolving and shine away from any right -or -way, and shall require an electrical permit. f) The street address for the business(es) shall be displayed in numerals at least 8 inches high on all faces of the sign and must be located so as to not be covered by landscaping or other impediments; and g) No other free-standing signs will be allowed on the same lot or parcel. ii. In addition, for those lots orparcels with frontage of 121 to 149.9 feet, or a combined public street frontage of no less than 150 feet for corner lots or parcels but less than 219.9 feet: a) The ground sign shall be limited to 8 feet in height, as measured from the lowest centerline grade of the nearest public road to the uppermost portion of the sign structure regardless of the roadway classification; and b) The maximum allowable sign area is 32 square feet iii. In addition, for those lots orparcels with frontage of 100 to 120.9 feet: a) The ground sign shall be limited to 6 feet in height, as measured from the lowest centerline grade of the nearest public road to the uppermost portion of the sign structure regardless of the roadway classification; and b) The maximum allowable sign area is 16 square feet. g. The minimum setback requirement may be administratively reduced by a maximum of ten feet by the County Manager or his designee upon submission of the administrative variance fee and a written request. However in no case shall the required setback be reduced to less than five feet. The County Manager or his designee's decision to reduce the required setback shall be based on the following: i. Where it can be demonstrated that within the adjacent right-of-way the area between the property line and the edge of pavement is excessively wide and that the actual paved area is unlikely to be widened to the extent that reduction in the required setback will result in the sign being any closer than 30 feet to the edge of pavement; ii. Where due to the existing site conditions and improvements, it can be n demonstrated that adherence to the required minimum required setback will have a deleterious effect on the safety of users of the site from the perspective of vehicular parking and vehicular and pedestrian ingress and egress; http://Iibraryl-municode.com/mr,c/DocView/13992/l/36/42 1/11/2007 iii. Where due to the nature and location of existing landscape features and/or specimen trees, it would be prudent to allow for a reduction in the required setback so as to most appropriately locate the sign structure; or iv. The extent of the reduction is the minimum amount necessary to provide relief from the applicable conditions cited above. 2. Outparcels. In addition to the above requirements, signs for outparcels, regardless of the size of the outparcel, shall be limited to the following: a. In addition to any. wall signs permitted by this Code,outparcels may by allowed one additional sixty square foot wall sign facing the shopping center if the additional sign is not oriented towards any public right-of-way. In no case shall the number of wall signs for an outparcel exceed two signs; and, b. A single ground sign foroutparcels having a frontage of 150 feet or more, not to exceed 60 square feet. Ground signs shall be limited to eight feet in height. 3. Directory Signs. Multiple-occupan cyparcels such as shopping centers, office complexes, business parks, or industrial parks containing 25,000 square feet or more of gross leasable floor area, and eight or more independent businesses will be permitted one directory sign for a single entrance on each public street When a directory sign is proposed then pole or ground signs shall be limited to the name and logo of the complex and shall not contain name of any tenant. The directory sign shall contain a minimum of four and a maximum of eight tenant names. The name of businesses located on outparcels shall not appear of directory signs. a. The maximum height for directory signs is limited to 20 feet. Height shall be measured from the lowest centerline grade of the nearest public or private R.O.W. oreasement to the uppermost portion of the sign structure. b. Directory signs shall not be closer than 15 feet from the property line, unless otherwise noted below or as provided for in section 1.04.04 C. c. Maximum allowable sign area: 150 square feet for Directory signs. d. A minimum 100 square foot planting area shall be provided around the base of any Directory sign, consistent with the provisions of this section of this Code, development of landscaping shall be approved by the County consistent with Section 4.06.03 A. of the LDC. e. The location of all permanent directory signs shall be shown on the landscape plans as required by section 4.06.05. 4. Wall, mansard, canopy or awning signs. One wall, mansard, canopy or awning sign shall be permitted for each single -occupancy parcel, or for each establishment in a multiple -occupancy parcel. End units within shopping centers, multiple -occupancy parcels, or single occupancy parcels where there is double frontage on a public right-of-way, shall be allowed two signs, but such signs shall not be placed on one wall. Retail businesses with a floor area of larger than 25,000 square feet and a front wall length of more than 200 linear feet, are allowed three wall signs; however, the combined area of those signs shall not exceed the maximum allowable display area for signs by this Code. a. The maximum allowable display area for signs shall not be more than 20 percent of the total square footage of the visualfacade of the building to which the sign will be attached and shall not, in any case, exceed 150 square feet for buildings or units up to 24,999 square feet, 200 square feet for buildings or units between 25,000 and 59,999 square feet and 250 square feet for buildings 1/11/2007 ttp: ary h //Iibr 1.municode.com/mcc/DocView/13992/l/36/42 over 60,000 square feet in area. b. No wall sign shall exceed 80 percent of the width of the unit(s) or the building occupied by a business with a minimum of ten percent clear area on each outer edge of the unit(s) or thebuilding; and c. All wall signs for multi-usebuildings shall be located at a consistent location on the building facade, except that anchor tenants may vary from this locational requirement in scale with the anchor tenant's larger primary facade dimensions. All signs shall adhere to the dimensions provided for in the unified sign plan. 5. Menu boards: One menu board with a maximum height of 6 ft. and 64 square feet of copy area per drive thru lane. 6. Projecting signs. Projecting signs may be substituted for wall or mansard signs provided that the display area of the projecting sign shall not exceed 60 square feet of display area. a. Projecting signs shall not project more than four feet from the building wall to which it is attached. b. Projecting signs shall not extend above the roofline of the building to which it is attached. c. Projecting signs shall not project into the public right-of-way. d. Projecting signs which project over any pedestrian way shall be elevated to a minimum height of eight feet above such pedestrian way. 7. Under -canopy signs. In addition to any other sign allowed by this Code, one under - canopy sign shall be allowed for each establishment in a shopping center . This sign shall not exceed six square feet in area and shall be a minimum of eight feet above finished grade. Under canopy signs do not require a building permit unless the sign is equipped with an electrical component. Signage for automobile service stations. The following are the only signs allowed in mobile service stations and convenience stores with gas pumps. K. a. Window signs: As allowed in this section 5.06.03 of the Code. *= An illuminated corporate logo with a maximum area of 12 square feet shall be `a . ed on a canopy face which is adjacent to a dedicated street or highway. OtFienrise,accent lighting , back lighting and accent striping are prohibited on canopy structures. ,Color accent banding on gasoline canopy structures and all other structures Wp:rohibited. Canopies shall be of one color, consistent with the predominant color of the principle structure, if applicable. The color of all structures on site shall be soft earth tones or pastels. '=�d ;One ground sign shall be permitted for each site and shall be placed within a 206-square foot landscaped area. Height is limited so that the top edge of the sign face is less than eight feet above grade. Maximum permitted area 60 square feet. e.,Signage, logos, advertising and information are prohibited above gas pumps. f. V1/all signs: As allowed in section 5.06.04 CA of this Code. ^ g. Signs: As allowed in this section of the Code. 9. Signswithin planned unit developments (PUDs). Pursuant to the purpose and intent http://Iibraryl.municode.com/mcc/DoeView/13992/l/36/42 1/11/2007 /% of this division, creative, flexible and uniform comprehensive sign plans providing for size, location, type, and common architectural design standards, are encouraged within all PUD zoning districts, and specifically required for PUDs containing in a commercial component. Sign classes and sizes for planned unit developments should be the same as the standards found within this Code for the zoning district the development most closely resembles, unless such planned unit developments have comprehensive sign standards contained in the PUD document. 10. Flags. Residential properties that have been issued a certificate of occupancy may display up to three non-commercial flags. Where these developments have multiple entrances, any entrance may have up to three flags each, provided: the development is at least ten acres in size, any entrance with flags is providing ingress/egress only off a roadway that is designated a collector or arterial in the traffic element of the growth management plan, and all entrances with flags are at least 300 feet apart. Four additional flags may be displayed within a development provided the flags are not visible to motorists along any frontage roadways. The four internally displayed flags may be increased by up to eight additional flags for maximum total of 12 flags with the amount of the proposed increase to be determined by the County Manager or his designee, provided: all proposed flags would not be visible to motorists along any frontage roadways and the County Manager or his designee determines that the display of the extra flags is essential to the theme and design of the development. a. All flagpoles with a height in excess of 15 feet above finished grade or that extend more than ten feet from any building that they are attached to shall be subject to the building permit process. As a condition of permitting, the flagpole foundation or attachment shall be designed by a Florida registered engineer on a signed and sealed drawing showing construction details and maximum flag area that is supportable. Certified designing and sealing shall not be required where flagpoles are located at a distance exceeding their height plus five feet from all structures (except those designed solely for storage), property boundaries, utility lines and poles, and pedestrian/vehicular accessways and roadways open to the general public or the residents of that community. b. On single-family orduplex lots flagpoles shall not exceed 30 feet in height above finished grade. For all other residential zoned parcels , flagpoles shall not exceed 35 feet in height from the finished grade or extend more than 20 feet from any building to which they are attached. In the estates, agricultural or conservation districts flagpoles shall not exceed 35 feet in height above finished grade. In all other zoning districts, flagpoles shall not exceed 50 feet in height from the finished grade, nor extend more than 20 feet from any building to which they are attached, nor shall the width of the flag exceed 30 percent of the length of the pole to which it is attached. c. All flags in all zoning districts shall have a minimum five foot setback from all property lines. d. All flagpoles that are permitted must display their permit number at the base of the flagpole in minimum 1 /2 inch numerals. 11. Temporary signs. The erection of any temporary sign shall require permitting as established within section 10.02.06 G. unless otherwise indicated herein. Applicants for temporary sign permits shall pay the minimum fee established for said permit. Temporary signs shall be allowed subject to the restrictions imposed by this section and other relevant parts of this Code. n a. Political signs. Political campaign signs and posters shall be permitted subject to the following requirements: i. Prior to the erection, installing, placing, or displaying of a political sign http://libraryi .municode.com/mcc/DocView/13 992/ l /36/42 1 /11 /2007 a bulk temporary permit shall be obtained. The permit number shall appear on every sign or on the pole supporting thesign. The fee for said bulk permit shall be as adopted by resolution by the board of county ^ commissioners. All signs for the candidate or the issue for which the permit was issued must be removed within seven days after the election, referendum, or other event that the sign pertains to. Failure to timely remove each such sign will constitute a separate violation of this Code and the permittee will be subject to issuance of a citation from Collier County Code Enforcement and all other penalties allowed by law. ii. Political campaign signs or posters within residentially zoned or used property shall not exceed four square feet in size, and shall not be located closer than five feet to any property line. Political signs placed within residential districts shall require written permission from the property owner. iii. Political campaign signs or posters will be permitted in all other zoning districts within a maximum copy area of 32 square feet per sign, and shall be located no closer than ten feet to any property line. The number of such signs shall be limited to one signs for each lot or parcel per bulk permit issued for each candidate or issue. iv. All supports shall be securely built, constructed and erected to conform with the requirements of this Code. v. The maximum height of any political campaign sign or poster, except those that may be affixed to a wall, shall be limited to eight feet. vi. Political signs shall be erected not more than 45 calendar days prior to an election or political event, and shall be removed within seven ^ calendar days after the election, event, or after the campaign issue has been decided. b. Grand opening signs. An occupant may display an on -site grand opening sign not exceeding 32 square feet. The banner sign shall be anchored and may be displayed on -site for a period not exceeding 14 days within the first three months that the occupant is open for business. c. Special events signs. A special events sign not exceeding 32 square feet in size may be displayed to announce or advertise such temporary uses as fairs, carnivals, circuses, revivals, sporting events, or any public, charitable, educational event. Such sign shall be located no closer than ten feet to any property line. Such signs shall require a building permit. Special event signs shall be erected not more than 15 calendar days prior to the advertised event and shall be removed within seven calendar days after the eventhas taken place. d. "Coming soon signs". A temporary use permit may be granted, at the discretion of the County Manager or his designee, for a "coming soon" sign located within a non-residential district. This sign must not exceed 32 square feet and the temporary use permit number must be placed at the base of the sign not less than one-half inch from the bottom. The sign must not be displayed for a period of more than six months from the issuance of a building permit or until the issuance of a permanent sign, whichever occurs first. Thenon-refu nd able fees for this temporary use permit will be calculated by the board of county commissioners and are subject to change. 111-N A "coming soon" sign is defined as a ground sign used to inform the public of the entry of a new business within a six-month time period. However, this sign may not be located within any public right-of-way oreasement . http://Iibraryl.municode.com/mcc/DocView/13992/l/36/42 1/11/2007 /Q This instrument was prepared by: Davies Ward Phillips & Vineberg LLP 1501 McGill College Avenue, Suite 2600 Montreal, Quebec 1-13A 3N9 Attention: Marc Trottier, Esq. Recording requested by and After recording return to: Record and Return to: LandAmerica - Christina Oliver 1302 N. 19th Street -Suite 200 Tampa, File # Parcel Identification No. 30,)43Do`} 0.� 5 [Tax folio no.] < co W. KNOW ALL MEN BY 3378377 OR: 3540 PG: 3204 RSCORDSD in OFFICIAL RECORDS of COLLIER COU ff, FL 04/12/2004 at 01:44PK MIGHT 1. BROCK, C1E11 COBS 1000000.00 REC 111 11.50 DOC-.70 7000.00 Retn: LAKDAKERICA FIWCIAL GROUP 1302 R 14TI STREET TWA FL 33605 THAT, CIRCLEIK Il fC , ' e ti n (Grantor"), for and in consideration of the sum of d o e d valuable consideration in hand paid to Grantor by RI , a Delaware 11 'ted lab' ompany ("Grantee,") whose mailing address is c/o Realty ''� a Corporation , st Street, Escondido, CA en 92025-1707 and whose fede 1 tification numbe 4,-) 84162, the receipt and sufficiency of such consideration i by ackno d as GRANTED, SOLD AND CONVEYED, and by these presents ''fipb I ELL, CONVEY and CONFIRM unto Grantee, in all cases as of March 18, , certain real property being more particularly described on Exhibit "A," attached hereto and made a part hereof for all purposes, together with all improvements and fixtures situated thereon (collectively, the "Property"), LESS AND EXCEPT any Storage Tank Systems (as hereinafter defined) on, in, under or at the Property, the ownership of which is being retained by Grantor, its successors and assigns; SUBJECT TO: all real estate taxes not yet delinquent; covenants, conditions, restrictions, easements, rights of way and other matters of record (provided, however, that this reference shall not operate to reimpose any of the same); and applicable laws, ordinances, statutes, orders, requirements and regulations to which the Property is subject. "Storage Tank System" means a complex of one or more aboveground, if any, or underground petroleum products storage tanks and their associated underground, aboveground, and/or connected piping and related fuel dispensing, pumping, mechanical, control and detectional equipment. TO HAVE AND TO HOLD the Property, together with all and singular the rights, hereditaments, and appurtenances thereto in anywise belonging, unto Grantee, its successors and assigns, and Grantor hereby agrees to WARRANT AND FOREVER DEFEND all and singular 2e. i OR: 3540 PG: 3205 the Property unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming, or claim the same, or any part thereof, by, through, or under Grantor but not otherwise. Grantor retains for itself and its successors and assigns and the respective agents, employees and contractors of each of the foregoing (collectively the "Grantor Parties") a right of access in, upon, over, along, under, through and across the Property for the purpose of monitoring, inspecting, testing, cleaning, remediating, repairing, preserving, altering, renovating, upgrading, replacing, closing and removing Storage Tank Systems from time to time and a right of access in, upon, over, along, under, through and across the Property to the extent necessary or desirable from time to time to effectuate any environmental monitoring, inspecting, testing, and remediation activities and to conduct any reasonably necessary activities incidental thereto (collectively all of the foregoing operations relating to Storage Tank Systems and the foregoing activities being referred to as the "Access Activities"), provided that such Access Activities do not unreasonably interfere with Grantee's use of the Property. By acceptance of this Deed, Grantee agrees to provide access to the Property to each of the Grantor Parties for the foregoing purposes upon reasonable prior notice to Grantee, provided that Grantor shall cause any person exercising the foregoing right of access, at its sole cost and expense, to promptly repair any damage to the Property that - its performance of any of the foregoing activities on the Prope r pr Grantor shall defend, hold harmless and indemnify Grant 9 and against any an age to property or injury to persons caused by the perfo c nf-an the foregoing a ivittes on the Property. Such right of access shall terminate upo th late' ) t to nion o theJ.ease Agreement for the Property by and between to 18, 2004, as amended, restated, supplemented or replaced m in to i e, r)i) at a rantor Parties have completed all Access Activi ny t f flo ing: applicable law, the Purchase Agreement for the o rty by and betweei antor tee dated as of March 16, 2004, such Lease Agree m r the "Environmei b' Agreement" as defined in such Purchase Agreement, as he foregoing may qn d, restated, supplemented or replaced from time to time, as in LS6 'denced by an ental approvals therefor. Upon termination of such right of access, ib e rs and assigns to this right of entry shall promptly upon request of the Grant deliver to Grantee a termination agreement, in form as Grantee may reasonably request, effecting the release of such right of entry. The access rights reserved herein shall burden the Property and shall run with the Property and shall burden successive owners of the Property and each portion thereof. OR: 3540 PG: 3206 EXECUTED this jA day of March, 2004. Witnesses: First Witness Printed Name of First Witness Second Witness Name of Second Witness � %-)/ STATE OF ARIZONA COUNTY OF MARICOPA GRANTOR CIRCLE K STORES INC., a Texas corporation By: C` M7 �� Name: G C El(AWL Title. VICE PRE S( Address: 1500 N. Priest Drive Tempe, Arizona 85281 o t i ttn: Susan Spencer The foregoing instrument wl ore me this /�/ may of March, 2004, by as GEFR OFEY C. HAXEL as V I C RESIDENT of CIRCLE K STORES INC., a Texas corporation, on behalf of the corporation. He/she is personally known to me or has produced --4 0— D L-- as identification. [NOTARIAL SEAL, if any] Printed Name of notary: Notary Public, State of Arizona Expiration date of commission: Commission or serial number: ORFIOIAL BRAL 4 ALLEN S. BROWN NOTARY R761JC - sty of Arizona MARICOPA COUNTY My Comm. IVkm Nax 24, 2M6 2z . *** OR: 3540 PG: 3207 *** Exhibit A Cost Center No. 2707457 10966 Winterview Dr., Naples, FL A part of Tract "A" of FOUR SEASONS, according to the map or plat thereof as recorded in Plat Book 10, Pages 95 through 97, inclusive, of the Public Records of Collier County, Florida, being more particularly described as follows: Commencing at the Northeast comer of said Tract "A" of said Four Seasons; thence along the East line of said Tract "A", South 00012'18" East 215.35 feet, thence North 89°15'03" West 302.68 feet to the East right of way line of Winter View Drive and the West line of said Tract "A"; thence along said East right of way line and said West line f Tract "A", North 00008'l2" West 65.61 feet; thence South 89° 15'03" East 20.00 feet; thence North 00°08' 12" West 150.00 feet to the South right of way line of David C. Brown Highway; thence along said South right of way line, South 89015'03" East 282.43 feet to the Pont of Commencing; LESS and Except that part taken by that certain Stipula recorded May 7, 1993 in Official Records Book 1823, Page 1319 of the Public Records of Collier Coun .1 " 0 �� ` BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. DEPT NO. 2007050136 CIRCLE K STORES INC CORPORATION SERVICE COMPANY (BUSINESS OWNER) REALTY INCOME PROPERTIES THOMAS A LEWIS (CEO) (PROPERTY OWNER) Respondent(s) STIPULATION/AGREEMENT L x COMES NOW, the undersigned,11- i c�ifiS , on behalf of himself or ��2xv��7Pi2 as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2007050136 dated the 24th day of January, 2008. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for January 24t', 2008; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence 2) The violations are that of section(s) 04-41, The Land Development Code, as amended, 10.02.06[B] [2] [a], 10.06.02 [B] [2] [d] [ix], 5.06.04[C] [8] [b],5.06.04[C] [8] [c], 5.06.04[C] [8] [d] and 5.06.04[C] [8] [e] and are described as Signs erected without proper permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $289.46 incurred in the prosecution of this case. 2) Abate all violations by: A. Obtain required permits for signs if attainable or remove within 14 days of the date of this hearing or a fine of $150.00 a day will be imposed until said sign(s) are permitted or removed. All inspections through certificate of completion must be accomplished with 60 days of ATF permits issuance. After The Fact Permit Fees of 4 x the amount of the original permit are to apply. The permit # is to be axed to said sign at the time of CO. B. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. e porldent i old, Director Code Enforcement epartment D e REV 2/23/07 -'� /'- 4 DP Date CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. CIRCLE K. STORES, INC. Respondent CEB NO. 2007050136 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on January 24, 2008, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: FINDINGS OF FACT That Circle K. Stores, Inc. is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, appeared at the public hearing and entered into a Stipulation. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 10996 Winterview Drive, Naples, Florida, FOLIO No. 3343040005, more particularly described as (see attached legal) is in violation of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 10.02.06(B)(2)(a), 10.02.06(13)(2)(d)(ix), 5.06.04(C)(8)(b), 5.06.04(C)(8)(c), 5.06.04(C)(8)(d) and 5.06.04(C)(8)(e) in the following particulars: Signs erected without proper permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 10.02.06(B)(2)(a), 10.02.06(13)(2)(d)(ix), 5.06.04(C)(8)(b), 5.06.04(C)(8)(c), 5.06.04(C)(8)(d) and 5.06.04(C)(8)(e) be corrected in the following manner: 1. By obtaining all required Collier County Permits for signs, if obtainable, within 14 days (February 7, 2008). 2. All inspections through certificate of completion must be accomplished within 60 days of ATF permits issuance. After -the -fact permit fees of 4 times the amount of the original permit are to apply. The permit number is to be affixed to said sign at the time of the CO. 3. That if the Respondent does not comply with paragraphs 1 and 2 of the Order of the Board by February 7, 2008 , then there will be a fine of $150 per day for each day for each day the violation remains. 4. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 5. That the Respondent is are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $289.46 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 3U day of , 2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: ,& Li� Sheri Barnett, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this ., Y." day of �.: 4' �c ►-r I , 2008, by Sheri Barnett, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or V Jwho has produced a Florida Driver's License as identification. r•R " r , KRISME WL70W !' MY COMMISSION # DD 656595 %EXPIRES: June 18, 20V NOTARY PUBLIC ' •• BondedTbruNOUgP�Unde hers My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Thomas Lewis, CEO, Realty Income Properties, 220 West Crest Street, Escondido, CA 92025 and to Circle K Stores, Inc., Corporation Service Company, Reg. Agent, 1201 Hays Street, Tallahassee, FL 32301 this :'x,., -4' 'day of `.j-, -\ , 2008. tate of NR0,)A at:acy of CULu ER " Hr-pa ti4n r f,i is a isue aril(` 3: a . 4h _ P C- - ll r 1, c -� M. Jean Rawson, Esq. Florid�'Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239)263-8206 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. D CIRCLE K STORES INC EPT NO. 2007050136 CORPORATION SERVICE COMPANY (BUSINESS OWNER) REALTY INCOME PROPERTIES THOMAS A LEWIS (CEO) (PROPERTY OWNER) Respondent(s) STIPULATION/AGREEMENT COMES NOW the undersigned, Xs��f,�����i-s ���� 9 , on behalf of himself or,&01T-f7-y2xc442 as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2007050136 dated the 24t' day of January, 2008. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for January 24t', 2008; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 04-41, The Land Development Code, as amended, 10.02.06[B] [2] [a], 10.06.02 [B] [2] [d] [ix], 5.06.04[C] [8] [b],5.06.04[C] [8] [c], 5.06.04[C] [8] [d] and 5.06.04[C][8][e] and are described as Signs erected without proper permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $289.46 incurred in the prosecution of this case. 2) Abate all violations by: A. Obtain required permits for signs if attainable or remove within 14 days of the date of this hearing or a fine of $150.00 a day will be imposed until said sign(s) are permitted or removed. All inspections through certificate of completion must be accomplished with 60 days of ATF permits issuance. After The Fact Permit Fees of 4 x the amount of the original permit are to apply. The permit # is to be affixed to said sign at the time of CO. B. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. tKI porldent V Mi old, Director to r Cod E f t rt 1 -D _ D e REV 2/23/07 o e n rcemen epa ment Date GJI- \0 ,0-0 '110� This instrument was prepared by: Davies Ward Phillips & Vineberg LLP 1501 McGill College Avenue, Suite 2600 Montreal, Quebec H3A 3N9 Attention: Marc Trottier, Esq. Recording requested by and L� After recording return to: Record and Return to: LandAmerica - Christina Oliver 1302 N. 19th Street -Suite 200 Tampa, F 3�21 File # Parcel Identification No. 33�3004 0.x cJ [Tax folio no.] � . o L WARRAI KNOW ALL MEN BY 3378377 OR: 354C RICORDID in OFFICIAL WORDS of 04/12/2004 at 01:44PH DTIGHT 1. Retn: LAXDAKIRICA FIMCIAL GROUP 1302 1 19TH ST111T TAHPA FL 33605 PG: 3204 COLLIII MR", FL BROCK, CL1R1 COTS 1000000.00 He F11 19.50 DOC-.TO 7000.00 THAT, CIRCLEj��Jlf j= ti n Ed Grantor"),for and in consideration of the sum of Ad e_ ddtf- valuable consideration in hand paid to Grantor by RI , a Delaware li "ted Jiab' ' ompany ("Grantee,') whose mailing address is c/o Realty '�' a Corporation , s Street, Escondido, CA 92025-1707 and whose fede i ntification numbe 84162, the receipt and sufficiency of such consideration by ackno dp as GRANTED, SOLD AND CONVEYED, and by these presents d eb ELL, CONVEY and CONFIRM unto Grantee, in all cases as of March 18, certain real property being more particularly described on Exhibit "A," attached hereto and made a part hereof for all purposes, together with all improvements and fixtures situated thereon (collectively, the "Property"), LESS AND EXCEPT any Storage Tank Systems (as hereinafter defined) on, in, under or at the Property, the ownership of which is being retained by Grantor, its successors and assigns; SUBJECT TO: all real estate taxes not yet delinquent; covenants, conditions, restrictions, easements, rights of way and other matters of record (provided, however, that this reference shall not operate to reimpose any of the same); and applicable laws, ordinances, statutes, orders, requirements and regulations to which the Property is subject. "Storage Tank System" means a complex of one or more aboveground, if any, or underground petroleum products storage tanks and their associated underground, aboveground, and/or connected piping and related fuel dispensing, pumping, mechanical, control and detectional equipment. TO HAVE AND TO HOLD the Property, together with all and singular the rights, hereditaments, and appurtenances thereto in anywise belonging, unto Grantee, its successors and assigns, and Grantor hereby agrees to WARRANT AND FOREVER DEFEND all and singular OR: 3540 PG: 3205 the Property unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming, or claim the same, or any part thereof, by, through, or under Grantor but not otherwise. Grantor retains for itself and its successors and assigns and the respective agents, employees and contractors of each of the foregoing (collectively the "Grantor Parties") a right of access in, upon, over, along, under, through and across the Property for the purpose of monitoring, inspecting, testing, cleaning, remediating, repairing, preserving, altering, renovating, upgrading, replacing, closing and removing Storage Tank Systems from time to time and a right of access in, upon, over, along, under, through and across the Property to the extent necessary or desirable from time to time to effectuate any environmental monitoring, inspecting, testing, and remediation activities and to conduct any reasonably necessary activities incidental thereto (collectively all of the foregoing operations relating to Storage Tank Systems and the foregoing activities being referred to as the "Access Activities"), provided that such Access Activities do not unreasonably interfere with Grantee's use of the Property. By acceptance of this Deed, Grantee agrees to provide access to the Property to each of the Grantor Parties for the foregoing purposes upon reasonable prior notice to Grantee, provided that Grantor shall cause any person exercising the foregoing right of access, at its sole cost and expense, to promptly repair any damage to the Property that its performance of any of the foregoing activities on the Prope r p Grantor shall defend, hold harmless and indemnify Gran /////f d against any an age to property or injury to persons caused by the perfo c the foregoing a 'vit s on the Property. Such right of access shall terminate upo th la ) t to n tion o the ase Agreement for the Property by and between to 18, 2004, as amended, restated, supplemented or replaced in m to e, r�i) at a for Parties have completed all Access Activi ly t f ho ing: applicable law, the Purchase Agreement for the o rty by and betwee rancor tee dated as of March 16, 2004, such Lease Agree m r the "Environme i W Agreement" as defined in such Purchase Agreement, as he foregoing may , restated, supplemented or replaced from time to time, as m 1 'denced by an ental approvals therefor. Upon termination of such right of access, se rs and assigns to this right of entry shall promptly upon request of the Grant deliver to Grantee a termination agreement, in form as Grantee may reasonably request, effecting the release of such right of entry. The access rights reserved herein shall burden the Property and shall run with the Property and shall burden successive owners of the Property and each portion thereof. �i OR; 3540 PG; 3206 EXECUTED this IA day of March, 2004. Witnesses: First Witness Printed Name of First Witness Second Witness F /� Name of Second WitrPCQ / < STATE OF ARIZONA COUNTY OF MARICOPA GRANTOR - CIRCLE K STORES INC., a Texas corporation By: C ff::2� Name: c3LOFj-I-L— Title: VICE F RES I W Address: 1500 N. Priest Drive Tempe, Arizona 852R1 C a t T� A ttn * SUSan Spencer en The foregoing instrument was l e ore me this IV -day of March, 2004, by GEOFFREY C. HAXEL —,as RESIDENT of CIRCLE K STORES INC., a Texas corporation, on behalf of the corporation. He/she is personally known to me or has produced A?, 7) L- as identification. [NOTARIAL SEAL, if any] Printed Name of notary: Notary Public, State of Arizona Expiration date of commission: Commission or serial number: ORFIOIAL ZEAL 4 ALLEN S. BROWN Y NOTARY PUBLIC - State of Ariz= MAMMA COUNTY My Comm. Expires Na 24.2008 *** OR: 3540 PG: 3207 *** Exhibit A Cost Center No. 2707457 10966 Winterview Dr., Naples, FL A part of Tract "A" of FOUR SEASONS, according to the map or plat thereof as recorded in Plat Book 10, Pages 95 through 97, inclusive, of the Public Records of Collier County, Florida, being more particularly described as follows: Commencing at the Northeast comer of said Tract "A" of said Four Seasons; thence along the East line of said Tract "A", South 00012'18" East 215.35 feet, thence North 89°15'03" West 302.68 feet to the East right of way line of Winter View Drive and the West line of said Tract "A"; thence along said East right of way line and said West line f Tract "A", North 00008'12" West 65.61 feet; thence South 89115'03" East 20.00 feet; thence North 00008' 12" West 150.00 feet to the South right of way line of David C. Brown Highway; thence along said South right of way line, South 89015'03" East 282.43 feet to the Pont of Commencing; LESS and Except that part taken by that certain Stipulated �r — ecorded May 7, 1993 in Official Records Book 1823, Page 1319 of the Public Records of Collier Co 1s C0 1 V' CCU �)�� �o 2_� 'ato'�C4 I-)-/W CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. CIRCLE K. STORES, INC. Respondent CEB NO.2007050136 FINDINGS OF FACT CONCLUSIONS OF LAW AND ORDER OF THE BOARD Nunc pro tunc THIS CAUSE came on for public hearing before the Board on January 24, 2008, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: FINDINGS OF FACT That Circle K. Stores, Inc. is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, appeared at the public hearing and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 10996 Winterview Drive, Naples, Florida, FOLIO No. 3343040005, more particularly described as (see attached legal) is in violation of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 10.02.06(B)(2)(a), 10.02.06(13)(2)(d)(ix), 5.06.04(C)(8)(b), 5.06.04(C)(8)(c), 5.06.04(C)(8)(d) and 5.06.04(C)(8)(e) in the following particulars: Signs erected without proper permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 10.02.06(B)(2)(a), 10.02.06(13)(2)(d)(ix), 5.06.04(C)(8)(b), 5.06.04(C)(8)(c), 5.06.04(C)(8)(d) and 5.06.04(C)(8)(e) be corrected in the following manner: 2008). 1. By obtaining all required Collier County Permits for signs, if obtainable, within 14 days (February 7, 2. All inspections through certificate of completion must be accomplished within 60 days of ATF permits issuance. After -the -fact permit fees of 4 times the amount of the original permit are to apply. The permit number is to be affixed to said sign at the time of the CO. 3. That if the Respondent does not comply with paragraphs 1 and 2 of the Order of the Board by April 7, 2008 , then there will be a fine of $150 per day for each day for each day the violation remains. 4. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 5. That the Respondent is are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $289.46 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 30th day of January, 2008 and re -signed this `- t"-aay of 2008 at Collier County, Florida, nunc pro tunc. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORID BY: erald LeFe re, C air 2800 Nort orseshoe ive Naples, Florida 34104 The foregoing instrument was acknowledged before me this Lp"-aay of. flA a rc 2008, by Gerald LeFebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or c/ who has produced a Florida Driver's License as identification. KRISTINE HOLTON y L�A MY COMMISSION # DO 656595 NOTARY PUBLIC '?a ThEnvirs My commission expires: RfBadW CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Thomas Lewis, CEO, Realty Income Properties, 220 West Crest Street, Escondido, CA 92025 and to Circle K Stores, Inc., Corporation Service Company, Reg. Agent, 1201 Hays Street, Tallahassee, FL 32301 this q --day of r0-N , 2008. i 00 ► LMID ► 1 MtA�eY CE :�At�t�� � a tn,es� iorroot capy�Qs'apa ; flflle in Board Mtnu +r arid` Reno 4 of`t.Iler Cou * V�'NE9 mj hano ann oif%ia seal thb day. J ,V E. MW C4RKOF COURM M. Je awson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. Circle K. Stores, Inc, Respondent(s) Corporation Service Company as (Registered Agent) Roland and Patricia Freeman, as Property Owners Case No. 2007040437 ITEM PAGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 2 3-5 6-12 13-15 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Dept. Case No. 2007040437 Plaintiff, vs. CIRCLE K. STORES, INC CORPORATION SERVICE COMPANY AS REGISTERED AGENT ROLAND AND PATRICIA FREEMAN, AS PROPERTY OWNERS, Respondents NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: January 24, 2008 TIME: 9:00 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: 13556 Tamiami Trail North SERVED: Cicle K. Stores, Inc Corporation Service Company as Registered Agent Roland and Patricia Freeman, as Property Owners, Respondents Inv. Kitchell Snow, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE -HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:OOAM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD QQ COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO.2007040437 CIRCLE K STORES INC CORPORATION SERVICE COMPANY AS REGISTERED AGENT (BUSINESS) Respondent(s) ROLAND & PATRICIA FREEMAN (PROPERTY OWNER) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2007-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s) 04-41, Collier County Land Development Code, as amended, Sec(s) 5.06.04[C][8][b], 5.06.04[C][8][c], 5.06.04[C][8][d], 5.06.04[C][8][e],10.02.06[B][2][a], and 10.02.06 [B] [2] [d] [ix]. 2. Description of Violation: Signs erected without proper permits. 3. Location/address where violation exists: 13556 Tamiami Trl. N. Naples Fl (folio 00154560603). 4. Name and address of owner/person in charge of violation location: Ronald and Patrica Freeman 2692 NE Highway 70 OFC 532, Arcadia , F1 34266 and Circle K Stores Inc, Corporation Service Company (As Registered Agent) 1201 Hays Street, Tallahassee, F132301. 5. Date violation first observed: April 12t' ,2007. 6. Date owner/person in charge given Notice of Violation: September 19th 2007. 7. Date on/by which violation to be corrected: October 10t', 2007. 8. Date of re -inspection: October 16th, 2007. 9. Results of Re -inspection: Violation Remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby cert' ie that the above -described violation continues to exist; that attempts to secure compliance with the Collier County C e h ve failed as aforesaid; and that the violation should be referred to the Collier County Cod Enforcement Board for a pu lic he ing. Dated this Day of 2007 REV 3-3-05 Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn t flume s e o this day of �C ` , 2007 by (Signature of Notary Pu ic) (Print/Type/Stamp Commissioned Personally known ZI-< produced identification Type of identification produced Name of Notary Public) NOTARY PUBLIC - STATE OF FLORMA Delicia Pulse - Commission # DD629723 - Expires: JAN. 16, 2011 BONDED THRU ATLANTIC BONDING CO., INC. 2. C9, Owner: RONALD & PATRICIA FREEMAN [PROPERTY OWNER] COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Date: 9/12107 Investigator KITCHELL T. SNOW CIRCLE K STORES INC CORPORATION SERVICE COMPANY AS REGISTERED AGENT: [BUSINESS OWNER] Zoning Dist Mailing: 2692 NE HIGHWAY 70 OFC 532 Legal: ARCADIA, FL 34266-8543 Subdivision 1201 HAYS STREET TALLAHASSEE FL 32301 Location: 7 Folio 13556 TAMIAMI TRAIL N Unincorporated Collier County NOTICE Pursuant to Collier County Code Enforcement Board (CEB) Ordinance No. 2007-44, as amended, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above - described location. ®Ord No. 04-0411AND DEVELOPMENT CODE Section 5.06.04[C][8][b] as amended ®Ord No. 04-9411AND DEVELOPMENT CODE Section 5.06.04[C][8][c] as amended No. 04-041,LAND DEVELOPMENT CODE Section 5.06.04[C][8][d] as amended ®Ord No. 04-041,LAND DEVELOPMENT CODE Section 5.06.04[C][8][e] as amended ®Ord No. 04-0411AND DEVELOPMENT CODE Section 10.02.06[B] [2][a as amended ®Ord No. 04-0411AND DEVELOPMENT CODE Section 10.02.06[B][2][d][ as amended x DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: 4/12/07- [1] CANOPY SIGNS CORPORATE LOGO, AFFIXED TO GAS CANOPY WITHOUT OBTAINING PROPER PERMIT(S) [2] GROUND SIGN CIRCLE K ERRECTED WITHOUT OBTAINING PROPER PERMIT(S) 3) CIRCLE K WALL SIGN ERRECTED WITHOUT FIRST OBTAINING PROPER PERMIT(S) .THIS IS CONTARY TO THE LAND DEVELOPMENT CODE AND MUST BE BROUGHT INTO COMPLANCE WITH CURRENT CODE. ®Supplemental attached ORDINANCES INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT KITCHELL T. SNOW INVESTIGATOR: 800 No. Horseshoe Dr. Napl , FL 34 04 9) 403-2493 j (239) 403 2324 Investigator sig Nntice of Violatinn Orivinal to File ('nnv to Recnnnde:nt Phone: 239-403-2493 C Sec 15 Twp Block 00154560603 OR Book VIOLATION STATUS: 48 Rng 25 Lot 2335 Page 1968 ®INITIAL ❑RECURRING ❑REPEAT ORDER TO CORRECT VIOLATION(SI: You are directed by this Notice to take the following corrective action(s) [1-3) OBTAIN PROPER COUNTY PERMT(S) FOR SAID SIGN(S) ANDIOR REMOVE. REMOVE ANY SHADOWING CREATED BY REMOVAL OF WALL SIGN. ALL INSPECTIONS AND CERTIFICATE OF OCCUPANCY (CO) MUST BE COMPLETED WITHIN 60 DAYS OF ISSUANCE OF AFTER THE FACT PERMITS FOR SAID SIGNS. CEASE ALL FUTURE PLACEMENTS OF SIGN(S) OTHER T, AN THOSE IN COMPLIANCE WITH THE COLLIER COUNTY LAND DEVELOPMENT CODE. ❑Supplemental attached ON OR BEFORE: OCTOBER 10TH 2O07 Failure to correct violations may result in: 1) Mandatory notice to appear in court or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SEPV<D BY: ;11ersonal Service ❑Certified Mail ❑Posting of Property []Fax ❑Mail Mature and Title of Recipient P t Dated this It7-H day of SEPTEMBER 2007 Cnnv fnr Cite Pnctinv (:nnv fnr (Official Pnstinv Rev 4/04 100"N ® Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: CIRCLE K STORES INC CORPORATION SERVICES COMPANY PQ 1201 HAYS STREET TALLAHASSEE, FL 32301 Case Nbr - 2007040437 A Sign ❑ Agent Kim Glover D. Is delivery address different from item 1 . ❑ Yes If YES, enter delivery address below: ❑ No V 3. S ce Type rtified Mall ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandi ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. 7007 0220 0000 4037 5278 PS Form 3811, February 2004 Domestic Retum ec `e Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. Ile Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: FREEMAN, RONALD P & PATRICIA 2692 NE HWY 70 OFC 532 ARCADIA, FL 34266 8543 Case Nbr - 2007040437 102595-02-M4 A. Sin u i ❑ Agent X ❑ Address( B. Recei d by ( Printed me) C. Date of Delive D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Se ice Type Certified Mall ❑ Express Mail ��] ``Registered ❑ Return Receipt for Merchandi ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? iExtra Fee) ❑ Yes 7007 0220 0000 4037 5261 PS Form 3811, February 2004 Domestic Return Receipt 1' © _ 102595-02-M-1 l¢ . Ln S r. 4x^9 F] N ID C L^l^if m O Postage $ Certified Fee r-3 Postmark O Return Receipt Fee Here O (Endorsement Required) a� t3 Restricted Deiivery Fee r-3 (Endor fU FREEMAN, Total RONALD P & PATRICIA C3 O 2692 NE HWY 70 OFC 532 SentTc ARCADIA, FL 34266 8543 r\- Niree4' Case Nbr — 2007040437 r�- or PO! :..� Postal ■ , ■ ■ �. r`- ru F I-C?7L TE r\- m p Postage $ Certified Fee C3 O Return Receipt Fee Postmark Here O (Endorsement Required) O Restricted Delivery Fee 0 (En rU R.I Tr CIRCLE K STORES INC O CORPORATION SERVICES COMPANY R/A -get 1201 HAYS STREET r- E3 ___• TALLAHASSEE, FL 32301 M stn orl Case Nbr - 2007040437 Cltj regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. C. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be �-. deemed a violation of this Land Development Code. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on -site or to permit construction of an approved water management system, to minimize stockpiles and hauling off -site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). Zoning and land use approval required prior to or simultaneously with issuance of building or land alteration permit or occupancy of land and space. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the Land development Code, shall be required prior to obtaining a building or land alteration permit or to occupying any space of land or buildings or for the conduct of a business in all zoning districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. For the purposes of determining compliance with the zoning provisions of the Land Development Code, an approval of a site development plan pursuant to section 10.02.03 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the Land Development Code, including the uses of the building space upon which applicable off-street parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the Land Development Code. ii. In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any approval conferred upon the building and the land pursuant to section 10.02.03 and of a zoning certificate issued for the building and the land, shall be required. iii. A zoning certificate shall be required for any use of land or buildings located in residential zoning districts, which involve the conduct of a commercial or other nonresidentially allowed uses of land or buildings. 2. Building Permit applications for signs. a. General. Any person wishing to erect, place, rebuild, reconstruct, relocate, alter, or change the sign copy (see section 5.06.04 for exceptions) of any sign shall apply for and receive a building permit in accordance with Resolution No. 91-642, prior to the commencement of any work. A building permit will be issued by the community development services administrator, or his designee, provided that all permit requirements of the Code and all other applicable provisions of Collier County's ordinances and regulations have been met. b. Permit fees. A building permit fee shall be collected pursuant to the fee schedule set forth by resolution. C. Form. Every application for a building permit shall be in writing upon forms to be furnished by the County .Manager or his designee, or his designee. d. Application contents. In order to obtain a permit to erect, place, rebuild, reconstruct, relocate, alter or change the sign copy of any sign under the provision of this Code, an applicant shall submit to the building official a building permit application which shall set forth in writing a complete description of the proposed sign including: The name, address and telephone number of the: (a) owner and lessee of the sign and (b) sign contractor or erector of the sign. ii. The legal description and the street address of the property upon which the sign is to be erected. iii. The dimensions of the sign including height. iv. The copy to be placed on the face of the sign. V. Other information required in the permit application forms ^ provided by the County Manager or his designee, or his designee; including two copies of the site plan, elevation drawings of the proposed sign and identification of the type, height, area and location of all existing pole signs, ground signs and directory signs on the subject parcel. vi. Two blueprints or ink drawings, certified by a Florida registered engineer or a Florida registered architect, of the plans and specifications and method of construction and attachment to the building or the ground for all pole signs and all projecting signs; and any ground sign over 32 square feet. vii. Wall signs, or any separate part thereof, which is to be affixed to a wall shall be fastened flush with the surface with fasteners which shall have the capacity to carry the full load of the sign or separate part thereof under wind load conditions of the approved Collier County Building Code Ordinance [CodA § 22-106 et seq.], Flood Ordinance [Code ch. 62. art. II], and the Coastal Building Zone Ordinance [Code ch. 22, art. Vill]. Any such sign or separate part thereof which is not mounted flush with the surface and which weighs more than 20 pounds shall have a Florida registered engineer design the mounting or fastening system and depict the system on signed and sealed drawings which shall accompany the permit application. viii. If the sign or sign copy is to be illuminated or electronically operated, the technical means by which this is to be accomplished. ix. The permit number shall be displayed or affixed at the bottom of the sign face and shall have the same life expectancy as the sign. Such permit number shall be clearly legible to a person standing five feet in front of the base of the sign and in no case shall the permit number be less than one-half inch in size. e. Expiration of permit. Building permits shall expire and become null and void if the work authorized by such permit is not commenced and inspected within six months from the date of issuance of the permit. Adherence to the Unified Sign Plan: Requests for building permits for permanent on -premise signs shall adhere to the Unified Sign Plan, which shall be kept on file in the community development and environmental services division. Requests to permit a new sign, or to relocate, replace or structurally alter an existing sign shall be accompanied by a Unified Sign Plan for the building or project the sign is accessory to. Existing permitted signs may remain in place; however, all future requests for permits, whether for a new sign, or relocation, alteration, or replacement of an existing sign, shall adhere to the Unified Sign Plan for the property. ,-� C. Vegetation Removal permit requirements. /6 - --a - -- -- - - right-of-way, shall be allowed two signs, but such signs shall not be placed on one wall. Retail businesses with a floor area of larger than 25,000 square feet and a front wall length of more than 200 linear feet, are allowed three wall signs; however, the combined area of those signs shall not exceed the maximum allowable display area for signs by this Code. a. The maximum allowable display area for signs shall not be more than 20 percent of the total square footage of the visualfacade of the building to which the sign will be attached and shall not, in any case, exceed 150 square feet for buildings or units up to 24,999 square feet, 200 square feet for buildings or units between 25,000 and 59,999 square feet and 250 square feet for buildings over 60,000 square feet in area. b. No wall sign shall exceed 80 percent of the width of the unit(s) or the building occupied by a business with a minimum of ten percent clear area on each outer edge of the unit(s) or thebuilding; and c. All wall signs for multi-usebuildings shall be located at a consistent location on the building facade, except that anchor tenants may vary from this locational requirement in scale with the anchor tenant's larger primary facade dimensions. All signs shall adhere to the dimensions provided for in the unified sign plan. 5. Menu boards: One menu board with a maximum height of 6 ft. and 64 square feet of copy area per drive thru lane. 6. Projecting signs. Projecting signs may be substituted for wall or mansard signs provided that the display area of the projecting sign shall not exceed 60 square feet of display area. a. Projecting signs shall not project more than four feet from the building wall to which it is attached. b. Projecting signs shall not extend above the roofline of the building to which it is attached. c. Projecting signs shall not project into the public right-of-way. d. Projecting signs which project over any pedestrian way shall be elevated to a minimum height of eight feet above such pedestrian way. 7. Under -canopy signs. In addition to any other sign allowed by this Code, one under - canopy sign shall be allowed for each establishment in a shopping center . This sign shall not exceed six square feet in area and shall be a minimum of eight feet above finished grade. Under canopy signs do not require a building permit unless the sign is equipped with an electrical component. 8. Signage for automobile service stations. The following are the only signs allowed in automobile service stations and convenience stores with gas pumps. a. Window signs: As allowed in this section 5.06.03 of the Code. b. An illuminated corporate logo with a maximum area of 12 square feet shall be allowed on a canopy face which is adjacent to a dedicated street or highway. Otherwise, accent lighting , back lighting and accent striping are prohibited on canopy structures. c. Color accent banding on gasoline canopy structures and all other structures is prohibited. Canopies shall be of one color, consistent with the predominant color of the principle structure, if applicable. The color of all structures on site shall be soft earth tones or pastels. http://Iibraryl.municode.com/newords/DocView/13992/l/36/42 10/17/2007 // __O_ _- __ -- d. One ground sign shall be permitted for each site and shall be placed within a 200 square foot landscaped area. Height is limited so that the top edge of the sign face is less than eight feet above grade. Maximum permitted area 60 square feet. e. Signage, logos, advertising and information are prohibited above gas pumps. f. Wall signs: As allowed in section 5.06.04 CA of this Code. g. Signs: As allowed in this section of the Code. 9. Signswithin planned unit developments (PUDs). Pursuant to the purpose and intent of this division, creative, flexible and uniform comprehensive sign plans providing for size, location, type, and common architectural design standards, are encouraged within all PUD zoning districts, and specifically required for PUDs containing in a commercial component. Sign classes and sizes for planned unit developments should be the same as the standards found within this Code for the zoning district the development most closely resembles, unless such planned unit developments have comprehensive sign standards contained in the PUD document. 10. Flags. Residential properties that have been issued a certificate of occupancy may display up to three non-commercial flags. Where these developments have multiple entrances, any entrance may have up to three flags each, provided: the development is at least ten acres in size, any entrance with flags is providing ingress/egress only off a roadway that is designated a collector or arterial in the traffic element of the growth management plan, and all entrances with flags are at least 300 feet apart. Four additional flags may be displayed within a development provided the flags are not visible to motorists along any frontage roadways. The four internally displayed flags may be increased by up to eight additional flags for maximum total of 12 flags with the amount of the proposed increase to be determined by the County Manager or his designee, provided: all proposed flags would not be visible to motorists along any frontage roadways and the County Manager or his designee determines that the display of the extra flags is essential to the theme and design of the development. a. All flagpoles with a height in excess of 15 feet above finished grade or that extend more than ten feet from any building that they are attached to shall be subject to the building permit process. As a condition of permitting, the flagpole foundation or attachment shall be designed by a Florida registered engineer on a signed and sealed drawing showing construction details and maximum flag area that is supportable. Certified designing and sealing shall not be required where flagpoles are located at a distance exceeding their height plus five feet from all structures (except those designed solely for storage), property boundaries, utility lines and poles, and pedestrian/vehicular accessways and roadways open to the general public or the residents of that community. b. On single-family orduplex lots flagpoles shall not exceed 30 feet in height above finished grade. For all other residential zoned parcels , flagpoles shall not exceed 35 feet in height from the finished grade or extend more than 20 feet from any building to which they are attached. In the estates, agricultural or conservation districts flagpoles shall not exceed 35 feet in height above finished grade. In all other zoning districts, flagpoles shall not exceed 50 feet in height from the finished grade, nor extend more than 20 feet from any building to which they are attached, nor shall the width of the flag exceed 30 percent of the length of the pole to which it is attached. c. All flags in all zoning districts shall have a minimum five foot setback from all property lines. d. All flagpoles that are permitted must display their permit number at the base http://Iibraryl.municode.com/newords/DocView/13992/l/36/42 10/17/2007 /2. 2211273 M: 2335 ?G: 1968 UMM is eltlem IIo 1E am ealvn, IL 1011/57 at II:1101 ISM 1. Me CM 0011 11sNt.N THIS INSTRUMENT PREPARED BY: 0 C. NEIL GREGORY, ESQ. Catalano, Fisher & Gregory, Chartered b 4001 Tamiami Trail North, Suite 404 Naples, FL 34103 WARRANTY them 15.15 me -A Ws.N Iota: ell m I= R 1L 4N1 "M !1 1 11N WLV 1114143 list DEED � 1997, between THIS INDENTURE, Made this — F day of _ LANDMARK MANAGEMENT COMPANY, INC., a Florida corpora , an OY WHISNAll7 and JANE WHISNAND, as Trustees of the Landmark Management Company, Inc. Defined Benefit Plan, whose post office address is 2310 Immokalee Road, Naples, FL 34110, grantor, and RONALD P. FREEMAN and PATRICIA FREEMAN, husband and wife, as tenants byy the entireties, whose post office address is 33418 North Lake Shore Drive, Wildwood, IL 60030, grantee. WITNESSETH, That said grantor, for and in consideration of the sun of TEN DOLLARS (SlbO 00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Collier County, Florida, to -wit: See attached Exhibit A. T other with all of att T and interest in and to ad�oining streets sements, in u those streets and easements known at��W g ns Pass Road and a Court. Subject to eas nts rest ti , r s rvati ns•`f record and taxes for the calend ye 7 y I This property i ci l r p d o t e h mestead of any of the grantors.? , Property Identif c on Number: 001W$64 03VIj �. , 7 Ronald P. Freeman' �S s i Patricia Freeman's S—• said defends he grantor againsththeblawfulywarrant the title claims of all personsowhomsoeverr., and will IN WITNESS WHEREOF, Grantor has hereunto set grantor's hand and seal the day and year first above written. Si led and d ivered LANDMARK 14ANAGENENT COMPANY, INC., i t e ce of• a Florida corporation a• By: In ame o nes Its: i� _ s rus ee o e La d ark Management Company, Inc. De ned Benefit Plan Mt: 2335 PG: 1969 ail. ,: l�n"yZ'4T►USM, MIT -An. STATE OF COUNTY OFJ e foregoing in 19.971. by corporation, who (c at prod uced n Fas identi ca on. 4nds Trust" e mark Managament Company, Inc. Defined Benefit Plan •ument was ackno lodged bpfore me this 30 "''day of ry rfi ---,as of LANDMW INC., a Florlda one ( t-� i s pers� onal ly known to me or (_.__) has (NotanWOMIMMM o r nOEM MAY (1, oa u r nt ame o o aryPublic) My Commission Number: My Commission Expires: Y OF co% STATE COUNT - � CJ/ The foregoing i 1997, any, nc. Define to me or my COMM (Notary e as-ac*ffi w f WHIMM as h►PradC -tJqE- me this .6QA- day of the Landmark We agement yr is personally known ai,identIMAZlon. ssion Number: ssion Expires: STATE OF COUNTY OF---C6eQ^-.#.-s. OA -. The foregoing instrument was acknowledged before me this day of 1997, by JANE WNISNAND, as Trustee of the Landmar nagement Ciioin—yfilnc. Defined Benefit Plan, who (chack one) is personally known t or ( ) has produced a - as identification. (Notary Seal �Kn OMY eY ONWANK/OCU M L0 2 Commission Number: Commission Expires: �L� It' OR: 2335 : 1910 *** EJp1ItIT All that part of Section 13, Township 48 South, Range 25 Most, Collier County, Florida being more particularly described as follows- 0 Commencing at the ,jY'T4 c along the South 1 Qg E the R o BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. DEPT NO. 2007040437 RONALD AND PATRICIA FREEMAN (Prop Owner) CIRCLE K STORES INC. (Bus Owner) CORPORATION SERVICE COMPANY (Reg. Agent) Respondent(s), STIPULATION/AGREEMENT l/ &4"-�� COMES NOW, the undersigned�s�%{ �`j�«vs , on behalf of himself or%���c,�7 as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2007040437 dated the 24th day of January, 2008. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for January 24th ,2008; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate. and I stipulate to their existence. The violations are that of section (s)04-41, The Land Development Code, as amended,5.06.04[C][8][b], 5.06.04[C][8][c], 5.06.04[C][8][d], 5.06.04[C][8][e], 10.02.06[B][2][a], 10.06.02[B][2][d][ix], and are described as, Signs erected without proper permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $304.07 incurred in the prosecution of this case. 2) Abate all violations by: A. Obtain required permits for signs if attainable or remove within 14 days of the date of this hearing or a fine of $150.00 a day will be imposed until said sign is permitted or removed. All inspections through certificate of completion must be accomplished with 60 days of ATF permits issuance. After The Fact Permit Fees of 4 x the amount of the original permit are to apply. The permit # is to be affixed to said sign. B. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. Res o de ichelle old, Director Code Enfor ement epartment 1-2 r� �� �-- D08 ate Date REV 2/23/07 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. CIRCLE K. STORES, INC. Respondent CEB NO.200704037 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on January 24, 2008, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: FINDINGS OF FACT That Circle K. Stores, Inc. is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, appeared at the public hearing and entered into a Stipulation. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 13556 Tamiami Trail N., Naples, Florida, FOLIO 00154560603, more particularly described as (see attached legal) is in violation of Collier County Ordinance 04-41, the Land Development Code, as amended, sections, 5.06.04(C)(8)(b), 5.06.04(C)(8)(c), 5.06.04(C)(8)(d), 5.06.04(C)(8)(e) 10.02.06(B)(2)(a), and 10.02.06(13)(2)(d)(ix) in the following particulars: Signs erected without proper permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 5.06.04(C)(8)(b), 5.06.04(C)(8)(c), 5.06.04(C)(8)(d), 5.06.04(C)(8)(e) 10.02.06(B)(2)(a), and 10.02.06(B)(2)(d)(ix) be corrected in the following manner: 2008). 1. By obtaining all required Collier County Permits for signs, if obtainable, within 14 days (February 14, 2. All inspections through certificate of completion must be accomplished within 60 days of ATF permits issuance. After the fact permit fees of 4 times the amount of the original permit are to apply. The permit number is to be affixed to said sign at the time of the CO. 3. That if the Respondent does not comply with paragraphs 1 and 2 of the Order of the Board by February 14, 2008 , then there will be a fine of $150 per day for each day for each day the violation remains. 4. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $304.07 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this _3 day of, 2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER oCOUNTY, ,F�FLORIDA BY: Sheri Barnett, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) -0� The foregoing instrument was acknowledged before me this � i day of , )(1 i ) I , ct V , 2008, by Sheri Barnett, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or ✓` who has produced a Florida Driver's License as identification. 1�,. Py MY COMM SSION# NE D 6 6595 NOTARY PUBLIC EXPIRES: June 18, 2011 My commission expires: Bonded ThruNotetyPubicUndenvntere CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Circle K Stores, Inc., Corporation Service Company, Reg. Agent, 1201 Hays Street, Tallahassee, FL 32301 and to Ronald and Patricia Freeman, 2692 N.E. Highway 70, OFC 532, Arcadia, FL 34266 this _;'(j� ' h day ofL, 2008. ;. A t its ;r 1'i9;fir County €=1 this =_ Jo�ne�2o0 Qf COURTS M. Jean Rawson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. RONALD AND PATRICIA FREEMAN (Prop Owner) DEPT NO. 2007040437 CIRCLE K STORES INC. (Bus Owner) CORPORATION SERVICE COMPANY (Reg. Agent) Respondent(s), STIPULATION/AGREEMENT &4c l,e /& COMES NOW, the undersigned,' - -S�// �«US , on behalf of himself as representative for Respondent and enters into this Stipulation and Agreement with Collier Coufity as to the resolution of Notices of Violation in reference (case) number 2007040437 dated the 24 h day of January, 2008. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for January 24th ,2008; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate. and I stipulate to their existence. The violations are that of section(s)04-41, The Land Development Code, as amended,5.06.04[C][8][b], 5.06.04[C][8][c], 5.06.04[C][8][d], 5.06.04[C][8][e], 10.02.06[B][2][a], 10.06.02[B][2][d][ix], and are described as, Signs erected without proper permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $304.07 incurred in the prosecution of this case. 2) Abate all violations by: A. Obtain required permits for signs if attainable or remove within 14 days of the date of this hearing or a fine of $150.00 a day will be imposed until said sign is permitted or removed. All inspections through certificate of completion must be accomplished with 60 days of ATF permits issuance. After The Fact Permit Fees of 4 x the amount of the original permit are to apply. The permit # is to be affixed to said sign. B. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. Res o de ichelle old, Director Code Enfor ement epartment Aate Date REV 2/23/07 2211273 M: 2335 ?G: 1966 am= Is ell au Now of am CO1!!t, R N/lust ae It:llsti Im s. me CM me $ism." IOC M Is.N THIS INSTRUMENT PREPARED BY: IOC-.T/ i4Ts.N u C. NEIL GREGORY, ESQ. mum fI1N R At Catalano, Fisher i Gregory, Chartered 4UI "Em " I !lM b 4001 Tami ami Trail North, Suite 404 MUtp R tltli lift Naples, FL 34103 WARRANTY DEED THIS INDENTURE, Made this � day of \ 1997, between LANDMARK MANAGEMENT COMPANY, INC., a lorida corpora , an OY IgiISNAN7 and JANE WHISNAND, as Trustees of the Landmark Management Company, Inc. Defined Benefit Plan, whose post office address is 2310 Immokalee Road, Naples, FL 34110, grantor, and RONALD P. FREEMAN and PATRICIA FREEMAN, husband and wife, as tenants by the entireties, whose post office address is 33418 North Lake Shore Drive, Wi dwood, IL 60030, grantee. WITNESSETH, That said grantor, for and in consideration of the sun of TEN hanLARS nd ppaidslby0saidnd other granteegood theand receiptable whereof considerations hereby to said acknowledged, in has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Collier County, Florida, to -wit: See attached Exhibit A. To�other with all of ` and interest in and to adjoining streets sements, in those streets and easements known asp W ' ns Pass Road and a Court. Subject to *as is r ti , r s rvati Ts f record and taxes for the calenda ye 7 y S. This property i ci 1 r p d o t a h stead of any of the grantors. , Property Identif c' on Number: 001!K60 03 Ronald P. Freeman' S s Patricia Freeman's S 4,�E CIRi and said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, Grantor has hereunto set grantor's hand and seal the day and year first above written. LANDMARK MANAGEMENT COMPANY, INC., a Florida corporation By:46 Its: 7 Ra I S W 0 M —I s R ee o erk Management Company, Inc. d Benefit Plan CC 2335 PG: 1969 f 'VI '�'4'''!�i► NNW PlIdOWNT MOMMM M- MITI � �te foregoing in �Ja_.�L.. _ -A, 19.97 L by corporation, who (c V produced n as IdentiTTE7 ion. sent ee o e Andmark Management Company, Inc. 6WDefined Benefit Plan was ackn lodged b ore me this aQ `day of a f:.,.�R , s of LANOMM T aFlorida ( t--j 1s personally known to me_ or (._) has (Note r won muraY OMW ON / Os am ww n.�r,5,100,nr,� oa r�g (Print Rime of Notary-PUM-Y-- My Commission Number: My Commission Expires: STATE Yof F O�'A R �'O�J��� T e foregoing i str is kt+owj. ged efare me this � day of , 1997, 'by ROY WH ANON as Truste ot� the LandmarkManagement any, nc. DeflnBe hal ( 1��is personally known to me or ( ) f yT(_ a Iffication. �i r c (Notary so,r�+nw°irrr me o o ary Publ ic) Fission Number: omission Expires. STATE OF COUNTY OF- Oh — The foregoing instrument was acknowledged before me this day of 1997, by JANE WHISMAND, ;s Trustee of the Landmar nagement Coi0a nc. Defined Benefit Plan, who (check one) v'� is personally known t or ( ) has produced a - as identification. (Notary Seal �11Y1, WAY W pp1WOM / 00 MMI 0 Arm 1e, ins 0— �, &�.-" 0 Notary Publi c rn an of oary Public) My Commission Number: My Commission Expires: /C/ "I OR; 2335 PG: 1910 "t E101IiIT All that part of Section 13, Township 48 South, Range 25 East, Collier County, Florida being sore particularly described as Eollows: Cossencing at the 7b-car along the South 1 f the orth South 89 degre" 3'4 " test 14.1 Right -of -Way liie 0 S. . ania said Right -of- sy 1 na, -or h 0 dell feet to the P !' described; the ce c nt n e of the Westerly t 1 nd s Record Book , Page 17 Pu County, Florid ��, orth 0 degre 7 thence leaving as line, South • East; thence soudegree 2612 North line of Wig as Road�.A along said Worth 1, feet to the POI11TG described; being a part o Range 25 East, Collier County, said Section 13; thence 4 of said Station 15, et to the Easterly i rail); thence along r ts, 37'46" West 30.01 the parcel berate fight -of -Way line, and taaribed in Official .�. *cords of Collier West 303.71 feet; a 33040" last 220.73 Wg 305.67 feet to the road easement); thence ees 33'40" West 213.03 of the parcel herein fiction 15, Township 48 South, Florida. 'C'UtL 541W CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. CIRCLE K. STORES, INC. Respondent CEB NO. 200704037 FINDINGS OF FACT CONCLUSIONS OF LAW AND ORDER OF THE BOARD Nunc pro tunc THIS CAUSE came on for public hearing before the Board on January 24, 2008, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: FINDINGS OF FACT That Circle K. Stores, Inc. is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, appeared at the public hearing and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 13556 Tamiami Trail N., Naples, Florida, FOLIO 00154560603, more particularly described as (see attached legal) is in violation of Collier County Ordinance 04-41, the Land Development Code, as amended, sections, 5.06.04(C)(8)(b), 5.06.04(C)(8)(c), 5.06.04(C)(8)(d), 5.06.04(C)(8)(e) 10.02.06(B)(2)(a), and 10.02.06(13)(2)(d)(ix) in the following particulars: Signs erected without proper permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 5.06.04(C)(8)(b), 5.06.04(C)(8)(c), 5.06.04(C)(8)(d), 5.06.04(C)(8)(e) 10.02.06(B)(2)(a), and 10.02.06(13)(2)(d)(ix) be corrected in the following manner: 2008). 1. By obtaining all required Collier County Permits for signs, if obtainable, within 14 days (February 7, 2. All inspections through certificate of completion must be accomplished within 60 days of ATF permits issuance. After the fact permit fees of 4 times the amount of the original permit are to apply. The permit number is to be affixed to said sign at the time of the CO. 3. That if the Respondent does not comply with paragraphs 1 and 2 of the Order of the Board by April 7, 2008 , then there will be a fine of $150 per day for each day for each day the violation remains. 4. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 5. That the Respondent is are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $304.07 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 30th day of January, 2008 and re -signed this y�h day of (}jZt,,( 2008, at Collier County, Florida, nunc pro tunc. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) CODE ENFORCEMENT BOA COL R COUNTY, O BYoe Gerald Le vre, Ch 2800 No Horsesh Drive Naples, Florida 34104 The foregoing instrument was acknowledged before me this' day of al arch 2008, by Gerald LeFebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or-k,,- who has produced a Florida Driver's License as identification. KRISTINE HOLTON MY COMMISSION k DD 6WNOTARY PUBLIC EXPIRES: June 18, 2011 y BwdWThNNomnPubk "°'ors .!4 My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Circle K Stores, Inc., Corporation Service Company, Reg. Agent, 1201 Hays Street, Tallahassee, FL 32301 and to Ronald and Patricia Freeman, 2692 N.E. Highway 70, OFC 532, Arcadia, FL 34266 this `-144"day of_WQfCJ---�_, 2008. sti:t Ol f LIORIDA OYnlq Of COWER i HEREBY CERTt"4,4ji44,ja bw aw rrect COPY at W0bCUl�Id0kt d fiWjj Board Minutes .`t d Rdcords of C©iaer Carrtal�t ti r4VESS 11 ALmY tfid anctoff —1 seal this . 1= day of '" E a=Af`CGURr� M. Jean son, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. Logical Investments, LLC Respondent(s) Gregory E. Leach MGRM Case No. 2007080822 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Copy of Applicable Ordinance 5-7 Deed 8-10 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Dept. Case No. 2007080822 Plaintiff, VS. LOGICAL INVESTMENTS, LLC GREGORY E. LEACH MGRM, Respondent NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: January 24, 2008 TIME: 9:00 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: 1250 Pine Ridge Road SERVED: Logical Investments, LLC Gregory E. Leach MGRM, Respondent -"� Inv. Kitchell Snow, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE -HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:OOAM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for ContFnuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner VS. DEPT CASE NO.2007080822 LOGICAL INVESTMENTS, LLC GREGORY E. LEACH MGRM STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2007-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s) 04-41, Land Development Code, as amended, Sections, 5.04.05 [A][1], 5.04.05 [A] [2] 2. Description of Violation: Banner displayed without first obtaining required Temporary Use Permit.. 3. Location/address where violation exists: 1250 Pine Ridge Road, Naples ,Fl (folio 68440120003) 4. Name and address of owner/person in charge of violation location. Gregory E. Leach, 2171 Pine ridge Road, Naples Fl 34109 5. Date violation first observed: August 20`s , 2007 6. Date owner/person in charge given Notice of Violation: September 5`s , 2007. 7. Date on/by which violation to be corrected: September 15`s, 2007 8. Date of re -inspection: September 28, 2007. 9. Results of Re -inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies the above -described violation continues to exist; that attempts to secure compliance with the Collier Coun e have fail d as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board f9Ka public hearing. I Dated this. 6th Day of December , 2007 Co orcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before this 6th day of December , 2007 by Kitchell T Snow (Signature of Notary Public) Personally known �or produced identification Type of identification produced (Print/Type/Stamp Commissioned Name of Notary Public) NOTARY PUBLIC -STATE OF FLORIDA " Shirley M. Garcia Commission #DD501305 Expires: DEC. 21, 2009 BONDED THRU ATLANTIC BONDING CO., INC, 2 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Der. LOGICAL INVESTMENTS LLC Date: GREGORY E LEACH AS REGISTERED AGENT: [PROPERTY OWNER] ADVANCE MEDICAL [BUSINESS] 915107 Investigator KITCHELL T. SNOW Zoning Dist Mailing : Legal: 5901 PELICAN BAY BLVD #300 Subdivision NAPLES FL 34108 1250 PINE RIDGE ROAD NAPLES FL 34109 Location: 1250 PINE RIDGE ROAD Folio Unincorporated Collier County Phone: 239-403-2493 IC Sec 15 Twp 49 Rng 25 Block Lot 68440120003 OR 3808 Page 1560 Book ORDER TO CORRECT VIOLATION(S): NOTICE Pursuant to Collier County Code Enforcement Board (CEB) Ordinance No. 2007-44, as amended, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above- You are directed by this Notice to take the following corrective described location. action(s) 1) FOR DISPLAYING BANNER ®Ord No. D441. THE LAND DEVELOPMENT CODE as amended ®Ord No. 04-41, THE LAND DEVELOPMENT CODE as amended Section 5.04.05[A][1] Section 5.04.05[A][2] PQ(d No. as amended Section 1 No. as amended Section <✓ , d No. as amended Section ❑Ord No. , as amended Section DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: ON 8/20//07 1-BANNER COPY READS ADVANCED MEDICAL NOW OPEN INSTALLED WITH OUT FIRST OBTAINING VALID COLLIER COUNTY PERMITS. THIS IS CONTRARY TO THE COLLIER COUNTY LAND DEVELOPMENT CODE AND THE PROPERTY MAINTENANCE CODE AND MUST BE BROUGHT INTO COMPLIANCE WITH CURRENT CODE. ❑Supplemental attached INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT KITCHELL T. SNOW INVESTIGATOR: 2800 No. Horseshoe Dr. Napi s, FL 104 (239) 403-2314 , Fax:(239)403-2493 Investigator sign ure VIOLATION STATUS: ��®Initial ❑Recurring ❑Repeat OBTAIN A TEMPORARY USE PERMIT ATF FEES OF 2X THE NORMAL AMOUNT ARE TO APPLY. START DATES ARE AS FOLLOWS 8120/07 TO 912/07 fLYS RR+_^="». CEASE ANY FUTURE PLACEMENT OF SIGN(S) OTHER 6 THAN THOSE IN COMPLIANCE WITH THE LAND DEVELOPMENT /0, CODE OF UNICORPORATED COLLIER COUNTY �S' emental attached ')'t N('_ ON OR BEFORE: SEPTEMBER 15TH 2O07 Nntice of Vinlatinn oricinal to File (nnv to Recnnnrlent Failure to correct violations may result in: 1) Mandatory notice to appear in court or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. LED BY: Personal Service ❑Certified Mail []Posting of Property Dated this � `t' day of SEPTEMBER 2007 C:nnv fnr Cite Pnctinv (nnv fnr official Pnctinc Rev 4/r142 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Over. LOGICAL INVESTMENTS LLC Date: 915/07 Investigator GREGORY E LEACH AS REGISTERED AGENT: [PROPERTY OWNER] ADVANCE MEDICAL [BUSINESS] Mailing : 5801 PELICAN BAY BLVD #300 NAPLES FL 34108 Zoning Dist IC Legal: >ubdivision KITCHELL T. SNOW Phone: 239-403-2493 Sec 15 Twp 49 Rng 25 Block Lot 1250 PINE RIDGE ROAD NAPLES FL 34109 Location: 1250 PINE RIDGE ROAD Folio 68440120003 OR 3808 Page 1560 Book Unincorporated Collier County NOTICE Pursuant to Collier County Code Enforcement Board (CEB) Ordinance No. 2007-44, as amended, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above - described location. ®Ord No. 04-41, THE LAND DEVELOPMENT Section 5.04.05[A][1] CODE as amended ®Ord No. 04-41, THE LAND DEVELOPMENT Section 5.04.05[A][2] CODE as amended rd No. as amended Section ' No. as amended Section L _j No. as amended Section ❑Ord No. , as amended Section DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: ON 8/20//07 1-BANNER COPY READS ADVANCED MEDICAL NOW OPEN INSTALLED WITH OUT FIRST OBTAINING VALID COLLIER COUNTY PERMITS. THIS IS CONTRARY TO THE COLLIER COUNTY LAND DEVELOPMENT CODE AND THE PROPERTY MAINTENANCE CODE AND MUST BE BROUGHT INTO COMPLIANCE WITH CURRENT CODE. FISupplemental attached INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT KITCHELL T. SNOW INVESTIGATOR: 2800 No. Horseshoe Dr. Naples, (239) 403-2314 F : (239) 403-2493 Investigator signatur VIOLATION STATUS: ®Initial ❑Recurring ❑Repeat lam, Nntice of Vinlatinn Oriuinal to File Cnnv to Recnnnrient ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s) 1) OBTAIN A TEMPORARY USE PERMIT FOR DISPLAYING BANNER. ATF FEES OF 2X THE NORMAL AMOUNT ARE TO APPLY. START DATES ARE AS FOLLOWS 8/20/07 TO 9/2/07 kr PRE.BENT. CEASE ANY FUTURE PLACEMENT OF SIGN(S) OTHER THAN THOSE IN COMPLIANCE WITH THE LAND DEVELOPMENT CODE OF UNICORPORATED COLLIER COUNTY ❑Supplemental attached ON OR BEFORE: SEPTEMBER 15TH 2O07 Failure to correct violations may result in: 1) Mandatory notice to appear in court or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SEWED BY: _,t:LP_ onal Service Certifi Mail ❑Posting of Property IV- ❑F ❑Mail Signature and Title of Recipient Print Dated this day of SEPTEMBER 2007 Cnnv fnr Cite Pnctinv Cnnv fnr Official Pnctinv Rev 4/04 4.05.02 of this Code). b. One (1) paved parking space for disabled persons per parking lot shall be provided (included as part of the number of required parking spaces), along with a paved access aisle and barrier -free access to the unit (for dimensions, see section 4.05.07 of this Code). C. All parking spaces shall be constructed of a concrete, asphalt, or other dustless material as may be approved by the County Manager or designee. driveways and handicapped spaces shall be paved. 3. Screening, buffering, and landscaping of the temporary use to reduce potential impacts on adjacent properties as required in section 4.06.00 and approval by the County Manager or designee as follows: a. One (1) canopy tree per thirty (30) linear feet around the perimeter of the vehicular use areas. b. A staggered double row of hedges between the right-of-way and the parking area and a single row of hedges to screen the driveway. 4. Vehicular use areas shall be set back a minimum of ten (10) feet from the property line. 5. Lighting. 6. Sanitary facilities. n 7. Fire protection. 8. Environmental impacts. 9. Stormwater management. 10. Any other requirements determined by the County Manager or designee to be necessary for the public health and safety. 5.04.05 Temporary Events Temporary Sales. 1. In the case of temporary sales, such as grand openings, going out of business sales, special promotional sales, or other similar uses (exclusive of garage sales, lawn sales, and similar private home sales), the County Manager or designee may grant nonrenewable permits of up to fourteen (14) days duration, such that during any calendar year the sum total of all permits for such events for that location does not exceed twenty-eight (28) days. A multi -tenant building of ten (10) or more businesses with annual leases may utilize a maximum of forty-two (42) days per calendar year for temporary sales. Temporary use permits may be permitted for up to an additional four (4) weeks when approved by the BCC. Such special approval shall be subject to stipulations or additional constraints deemed necessary and appropriate to the request. Such stipulations or constraints deemed necessary by the BCC shall be noted as conditions to the issuance of said permits, and the permittee shall be required to sign a notarized agreement to said stipulations or constraints. Temporary sales permits may, in support of the use being permitted, include the ^ placement of one (1) sign, a maximum of thirty-two (32) square feet, or two (2) such signs for properties containing more than one (1) street frontage. In addition to the allowable signs, merchandise, temporary structures, and equipment may be placed on the site. All temporary structures and equipment, merchandise, or placement and parking of vehicles in conjunction with the temporary sale, shall conform to the minimum yard requirements of the district in which it is located. If the temporary use is not discontinued upon expiration of the permit, it shall be deemed a violation of this LDC and shall be subject to the penalties herein. 3. Temporary sales permits may be issued to the owner(s) of a commercial establishment, or to the tenant(s) operating within a commercial establishment with the approval of the property owner or property manager, provided said tenant provides documentation of a current annual lease with the property owner. Uses permitted by an approved temporary sales permit shall be operated by the property owner or tenant(s), except as provided for in sections 5.04.05(A)(5) and 5.04.05(A)(6) below. 4. Temporary sales permits shall be restricted to those zoning districts in which the sale of the items would normally be permitted. Further, the sales activity permitted by the temporary use permit shall be related to the principal commercial activities in operation on the subject property, except as provided for in sections 5.04.05(A)(5) and 5.04.05(A)(5) below. The issuance of a temporary use permit shall not be issued for undeveloped properties. 5. The County Manager or designee may issue temporary use permits for satellite locations subject to the applicable restrictions set forth in this section, provided the applicant currently operates a business from a permanent, approved commercial location within the County. Additionally, the purpose of the temporary sale shall be the same as the principal purpose of the existing commercial business of the applicant. 6. The County Manger or designee may, in determining a specific benefit to the public, grant a temporary use permit to facilitate the sale of an item or items not generally available within a specific planning community, subject to the applicable restrictions set forth in this section. 7. A temporary sales permit shall meet the procedural requirements of Chapter 10. The applicant shall demonstrate that provision will be made to adequately address each of the following: a. Vehicular and pedestrian traffic safety measures. b. Additional parking requirements. A maximum of ten (10) percent of the parking required by section 4.04.00 of this Code may be occupied or otherwise rendered unusable by the placement of temporary structures, equipment, signs, and merchandise. The minimum required number of handicapped parking spaces pursuant to section 4.04.00 shall remain available for usage. C. Limited activity hours. d. Watchmen, fencing, and lighting. e. Fire protection measures. f. Sanitary facilities. g. If required, a faithful performance bond to guarantee compliance with the conditions of the permit. 8. Garage sales: In the case of garage sales, lawn sales, and other similar temporary sales to be held at private homes, churches and other places of worship, community centers, or other nonprofit residentially zoned institutions, the County Manager or designee may issue one (1) two- (2) day permit for such events during each six- (6) month period. Such permit may include the use of temporary signs located on the property where the sale is being held, limited to a maximum of two (2) signs, no greater than four (4) square feet each. No signs shall be placed in any public rights -of -way. If the temporary use is not discontinued upon expiration of the permit, it shall be considered a violation of this LDC and shall be subject to the penalties herein. B. Temporary seasonal sales. A nonrenewable five (5) week permit may be issued for seasonal and holiday related temporary sales subject to the following restrictions. 1. Temporary use permits for seasonal sales may be issued for the following season/holiday related items: a. Christmas trees. b. Fireworks (subject to the issuance of an approved permit by the jurisdictional fire district). C. Pumpkins. 2. Temporary use permits for seasonal sales may be issued on improved or unimproved properties, provided the applicant submits a CSP which demonstrates that provisions will be made to adequately address each of the following: a. Vehicular and pedestrian traffic safety measures. b. Adequate on -site, or additional off -site parking areas for unimproved properties. A maximum of ten (10) percent of the parking required by section 4.04.00 of this Code may be occupied or otherwise rendered unusable by the placement of temporary structures, equipment, signs, and merchandise. The minimum required number of handicapped parking spaces pursuant to section 4.04.00 shall remain available for usage. C. Limited activity hours. d. Watchmen, fencing, and lighting. e. Fire protection measures. f. Sanitary facilities. L3 THIS INSTRUMENT PREPARED BY: Joshua M. Bialek, Esq. Porter Wright Morris & Arthur, LLP 5801 Pelican Bay Blvd., Suite 300 Naples, Florida 34108-2709 WARRANTY DEED 3627076 OR; 3808 PG; 1560 11CORDID is OFFICIAL RECORDS of COLLIII CUM, FL 05/26/2005 at 03:0IFN DVIG1! 1. 11M CURE CONS 2130000.00 HC 111 21.00 DOC-.70 11510.00 lets: FOIT11 Kim? 1I AL 5111 FILICIN UT ILVD 1300 WLIS It 34101 2709 THIS INDENTURE, executed this ait"R day of May, 2005, by MARTIN F. KLINGENBERG (as to Parcel 1), EDWARD McCARTHEY and DORIS J. LEWIS (as to Parcel 2) and ROBERT MUNN (as to Parcel 3&4), as Grantors, to LOGICAL INVESTMENTS, LLC, a Florida limited liability company, whose mailing address is 2171 Pine Ridge Road, Naples, Florida 34109, as Grantees. (Wherever used herein the terms "Grantors" and "Grantees" shall include singular and plural, hens, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) WITNESSETH, that Grantors, for and in consideration of the sum of Ten Dollars (SI0.00) and other good and valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantees all that certain land situate and being in Collier County, Florida, to wit: SEE ATTACHED EXHIBIT "A" Subject to easements, restrictions, reservations, limitations and conditions of record, applicable zoning ord' d taxes accruing subsequent to December 31, 2004. R Co r TOGETHER WITH all the appertaining. TO HAVE AND TO AND Grantors hereby covenant, Grantors have good right and la title to said land and will defend free of all encumbrances, except IN WITNESS above written. conditions, Grantors has sigdcA- 'i Signed and delivered in our presence: P ame: Vitness Printed Name. Witness #2 _ �- SUE H. SMITH thereto belonging or in anywise and of said land in fee simple; that Grantors hereby fully warrant the whomsoever, and that said land is is of record and taxes not yet due. this deed on the day and year fast BY- MAR . KLING G (As to Parcel i - ID #68440090004) B / F. cCARTHEY (As to Parcel 2 - ID #68440120003) BY: `` `✓ DORIS J. LE (As to Parcel ID#68440120003) BY: ROBERT MUNN (As to Parcel 3 - ID# 69"0160005) (As to Parcel 4 - ID# 68440200004) OR: 3808 PG: 1561 STATE OF FLORIDA ��. COUNTY OF COLLIER The forego, 'WdtlSll�,a�t� was acknowledged befo me th' A/v4day of May, 5, by MARTIN F. KLINGENBERG'J6tly (mown to me or [ who pr driver's licens identification. IF �ussto'(SEA: �� 4, '_ ' ••• :*E N taryPubl' IDDOMm mmisslon No. :tea•. A4ba.e9m _ ��°� My Commission expires: STATE OF FLORIDS """"" COUNTY OF COLI�1f11� The fora ".IRs was acknowledged be ore me this day of 5, ti EDWARD McCARTHE ``� �.J�. W known to me or [ho produ ver s li ntification (SEd3 ''�i ••• :*_ No mmis on No. �'9�'•,!�la+j°,,p ; _��: My Comm issi xpires• STATE OF FLORTf3'AUl1►na0" COUNTY OF COLLIER The foregopt ent was acknowl ed before me LEWIS, [ ] \w}p�wn to me or [ who produced d J` M,45SIp1y�• ''i �. �; sDD0�BG3 GO My � STATE OF '•pSE����``� /� COUNTY OF C b6ii I+"' fi The foregoing instrume t kn I dgQd f e MUNN, [ ] who is personally kn 5 e o hb d (SEAL) `�pNNUNq::r; •( H. Sm; •: =oa�p9N M 0005eaa NAPLESrM 139 v.01 ay of Mom/, on. by DORIS 1. as ide on. expires: expires: by ROBERT 0 •J *** OR: 3808 PG: 1562 *** LEGAL DESCRIPTION Parcel 1: The North 157 feet of the West 90 feet of Lots 1 and 2, PRESQUE ISLE, according to the plat thereof recorded in Plat Book 4, Page 48, of the Public Records of Collier County, Florida, LESS the North 15 feet thereof. Folio No. 68440080004; Street Address: 1298 Pine Ridge Road, Naples, Florida Parcel 2: Lots 3 and 4, PRESQUE ISLE, according to the plat thereof recorded in Plat Book 4, Page 48, of the Public Records of Collier County, Florida; LESS the North 5 feet thereof; and LESS the South 10 feet of the North 15 feet thereof, as conveyed by document recorded in Official Records Book 907, Page 1931, of the Public Records of Collier County, Florida. Folio No. 6844012003; Street Address: 1270 Pine Ridge Road, Naples, Florida Parcel 3: Lot 5, PRESQUE ISLE, per plat thereof Collier County, Florida, LESS the N9941 Folio No. 68440160005; Street A ' /f Parcel 4: Lot 6, PRESQUE ISLE, Collier County, Florida, 1 Folio No. 68440200004; NAP(ES1290116 r.01 in Plat Book 4, Page 48, Public Records of Naples, Florida Page 48, Public Records of et d es"s `2 i ad N les, Florida .0 lc- CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. LOGICAL INVESTMENTS, LLC GREGORY E. LEACH, MGRM, Respondent CEB NO.2007080822 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on January 24, 2008, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: FINDINGS OF FACT 1. That Logical Investments, LLC is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, failed to appear at the public hearing. 3. That the Respondent was notified of the date of hearing by personal service and by posting. 4. That the real property located at 1250 Pine Ridge Road, Naples, Florida, FOLIO 6440120003, more particularly described as (see attached legal) was in violation of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 5.04.05(A)(1) and 5.04.05(A)(2) in the following particulars: Banner displayed without first obtaining required Temporary Use Permit. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 5.04.05(A)(1) and 5.04.05(A)(2) have been corrected. That the Respondent has paid all operational costs incurred in the prosecution of this Case. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 30 day of , 2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER C UNTY, FLORIDA BY: �S Sheri Barnett, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) y,h The foregoing instrument was acknowledged before me this. & L day of 2008, by Sheri Barnett, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known tome or �� who has produced a Florida Driver's License as identification. KRISTINE HMTON MY COMMISSION R DO 686595 NOTARY PUBLIC -'-.a�. EXPIRES: June 18, 2011 My commission expires: ` !t Bonded Thru Notary Puble Underwriters CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Gregory E. Leach, MGRM, 2171 Pine Ridge Road, Naples, FL 34109 this day of , 2008. M. Jean awson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239)263-8206 :i to i f3 Oi , i l i' a A ;oUnly of CIOLIAER AT true an# Countll !fir;-ir R r i-i seal this 0WIGliY.Es V,, 41�d r9 �{�:EW { COURTS L3 THIS INSTRUMENT PREPARED BY: Joshua M. Bialek, Esq. Porter Wright Morris & Arthur, LLP 5801 Pelican Bay Blvd., Suite 300 Naples, Florida 34108-2709 WARRANTY DEED 3627076 OR: 3808 PG: 1560 HCOIDU in OFFICIAL UCORDS of COLLIE[ =ITT, PL 05/26/2015 at 03:601 DNIGIT 1. 110C1, MIU COLS I130000.00 UC M 27.00 DOC-.71 14510.00 lets: PORTER IIIGIT IT U 5111 PELICAN UT BLVD DOC WLIS PL 31111 I701 THIS INDENTURE, executed this ae day of May, 2005, by MARTIN F. KLINGENBERG (as to Parcel 1), EDWARD McCARTHEY and DORIS J. LEWIS (as to Parcel 2) and ROBERT MUNN (as to Parcel 3&4), as Grantors, to LOGICAL INVESTMENTS, LLC, a Florida limited liability company, whose mailing address is 2171 Pine Ridge Road, Naples, Florida 34109, as Grantees. (Wherever used herein the terms "Grantors" and "Grantees" shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) WTTNESSETH, that Grantors, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantees all that certain land situate and being in Collier County, Florida, to wit: SEE ATTACHED EXHIBIT "A" Subject to easements, restrictions, reservations, limitations and conditions of record, applicable zoning or nd taxes accruing subsequent to December 31, 2004. L ��R Co A-, TOGETHER WITH all the appertaining. TO HAVE AND TO AND Grantors hereby covenant, Grantors have good right and la title to said land and will defend free of all encumbrances, except IN RRTNFSS above written. conditions, 'd Grantors has sigde" Signed and delivered \ � CIR� in our presence: ame• 3 . lr itness Printed Name. — SUE H. SMITH Witness #2 _ thereto belonging or in anywise i of said land in fee siarple; that cantors hereby fully warrant the homsoever, and that said land is of record and taxes not yet due. this deed on the day and year first BY� 5A- - MAR . KLING G (As to Parcel 1— ID #68440080004) B L t4F.ft EY (As to Parcel 2 — ID #68440120003) BY: J. LE DORIS4(As to Parcel ID#68440I20003) BY: ROBERT MUNN (As to Parcel 3 — ID# 68440160005) (As to Parcel 4 — ID# 68440200004) OR: 3808 PG: 1561 STATE OF FLORIDA COUNTY OF COLLIER The foregoilwal dMM�f� was acknowledged befo me ai�v4day of May, 5, by MARTIN F. KLINGENBERG66lly known to me or pr drives licen identification. * � � •.� v m � * � N Pub ' Npp g ommission No. ,,�,ea � My Commission expires: STATE OF FLORIDA """"" COUNTY OF COLI�1rtt� The fo � was acknowledged before me this day of 5, by EDWARD McCARTHE `` ] ;Y n% known to me or [ who prod vets li erase ratification. ••� :*c N Pu minis on No. �.•4ra`�;_�� MyCom 'ssi xpires• STATE OF FLORID'NIIn COUNTY OF COLLIER LEWIS, ,as acknowledged before me to me or [ wbo produced df tip' R C zd zMy STATE OF FM COUNTY OF C L�rIIaIQI" The foregoing instrome 1 dg d fofbd MUNN, [ ] who is personally kn o (SEAL) .... ;.issrop... Cc O• • U M, NAPIFS293179 r.01 ay of by DORIS J. as idde nng on.on. expires: expires: by ROBERT *** OR: 3808 PG: 1562 M LEGAL DESCRIPTION Parcel 1: The North 157 feet of the West 90 feet of Lots 1 and 2, PRESQUE ISLE, according to the plat thereof recorded in Plat Book 4, Page 48, of the Public Records of Collier County, Florida, LESS the North 15 feet thereof. Folio No. 68440080004; Street Address: 1298 Pine Ridge Road, Naples, Florida Parcel 2: Lots 3 and 4, PRESQUE ISLE, according to the plat thereof recorded in Plat Book 4, Page 48, of the Public Records of Collier County, Florida; LESS the North 5 feet thereof; and LESS the South 10 feet of the North 15 feet thereof, as conveyed by document recorded in Official Records Book 907, Page 1931, of the Public Records of Collier County, Florida. Folio No. 6844012003; Street Address: 1270 Pine Ridge Road, Naples, Florida Parcel 3: Lot 5, PRESQUE ISLE, per plat thereof Collier County, Florida, LESS the No Folio No. 68440160005; Street A�� Parcel 4: Lot 6, PRESQUE ISLE, Collier County, Florida, I Folio No. 68440200004; NAP1Ei290116 v.01 in Plat Book 4, Page 48, Public Records of Naples, Florida Page 48, Public Records of eta d es"s2�21�' g� I N ' les, Florida C� AID TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Mario A. Alvarez CEB No. 2007-29 DEPT No. 2006080626 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-4 Stipulation 5 Affidavit(s) 6 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, VS. MARIO A. ALVAREZ, Respondent Case: CEB 2007-29 Dept. Case No. 2006080626 NOTICE OF ADMINISTRATIVE PROCEEDINGS IMPOSITION OF FINE/LIEN PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: January 24, 2008 TIME: 9:00 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: 2912 44`h Street S.W. SERVED: Mario A. Alvarez, Respondent Inv. Carmelo Gomez, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE -HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:OOAM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR A REDUCTION OF FINES/LIEN CEB CASE NO.2007-29 DEPT CASE NO.2006080626 Board of County Commissioners vs. Mario A. Alvarez Respondent(s) Violation(s): Violation of Ordinance(s) 04-41, as amended sec.(s) 10.02.06 (B)(1)(a) 10.02.06(B)(1)(d)(i); Florida Building Code 2004 Edition Sec. 105.1 and 105.7. Location: 2912 44`h Street S.W. Naples, Florida Folio: 36560240002 Description: Conversion of screen lanai to extra living space without County permits Past Order(s): On June 18, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4301 PG 2512, for more information. The Respondent has not complied with the CEB Orders as of June 18, 2007 RECOMMENDATIONS) Issue an Order Imposing Lien in the amount of $ 20,515.51 See below. Order Item #1; Order Item # 4 Fines at a rate of $200 per day for the period between September 17, 2007 — December 27, 2007, (101 days) for the total of $ 20,200.00. Fines continue to accrue. Order Item #4 Operational Costs of $ 315.51 have not been paid. 4094287 OR: 4301 PG: 2512 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 11/13/2007 at 09:17AK DWIGHT I. BROCK, CLERK RIC FEE 21,00 Retn: CODE ENFORCEKENT 2800 N HORSESHOE DR CODE. ENFORCEMENT BOAT &LES FL 34104 COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. MARIO A. ALVAREZ, Respondent CEB NO.2007-29 CORRECTED FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD Nunc pro tunc THIS CAUSE came on for public hearing before the Board on June 18, 2007, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: FINDINGS OF FACT L That Mario A. Alvarez is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, appeared at the public hearing and entered into a Stipulation. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 2912 44th Street S.W., Naples, Florida, Folio 36560240002, more particularly described as Lot 3, Block 280, GOLDEN GATE UNIT 8, Part 2, according to the Plat thereof recorded in Plat Book 9, Pages 107 through 112 of the Public Records of Collier County, Florida is in violation of Collier County Ordinance County Ordinance 04-41, the Land Development Code, as amended, sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(d)(i) and The Florida Building Code 2004 Edition, Sections 105.1 and 105.7 in the following particulars: Conversion of screen lanai to extra living without County permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, the Stipulation that is attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(d)(i) and The Florida Building Code 2004 Edition, Sections 105.1 and 105.7 n be corrected in the following manner: OR: 4301 PG: 2513 1. By obtaining a Collier County building or demolition permit and all required inspections and Certificates of Completion/Occupancy within 90 days (September 16, 2007). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board within 90 days (September 16, 2007), then there will be a fine of $200 per day for each day the violation remains. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 4. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $315.51. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 27th day of June, 2007 and re -signed this Lt'pday of November, 2007, at Collier County, Florida, nunc pro tunc. CODE ENFORCEMENT BOARD COLLIER CO DA BY: Kenneth Kelly, Vice Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) 00 The foregoing instrument was acknowledged before me this �!— day of KI QQ UOU> 2007, by Kenneth Kelly, Vice Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or ✓ who has produced a Florida Driver's License as identification. KRISTINE IJOLTON �a !v =� � MY COMMISSION # DD 686595 EXPIRES: June 18, 2011 i;;e` Bonded Ttea NOW PubNo undenvdtare Lava4015y—�s NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Mario A. Alvarez, 2912 44 St. S.W., Naples, Florida 34116 this 0"0 day of r4o Vs@!2007. llt-� cl� x. Jean KAson, Esq. Florida Mar No. 750311 g'g (> attorney for the Code Enforcement Board . �. ;panty of COLU ��"''"-400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 I HEREBY CERTIFY THAT this 4S a el (239) 263-8206 vrY-act .copy ct a aocu^�� • t eOil to co j Minutes acid of County Y. �u v y� t SS my h r c - ! seal this day off ap0'j MIGHT E. BRQGE 'CLERK OF COURTS BOARD OF COUNTY COMMISSIONERS Collier County, Florida *** OR; 4301 PG. 2514 *** Vs. Mario A. Alvarez Petitioner, Respondent(s), STIPULATION/AGREEMENT CEB NO. 2007-29 DEPT NO. 2006080626 COMES NOW, the undersigned, Mario A. Alvarez on behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2007-29 dated the 18th day of June, 2007. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for 22"d March 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2). The violations are that of section(s) 10.02.06 [B][1][a], 10.02.06 [B][2][d][i] of Collier County Ordinance 2004-41; Florida Building Code 2004 Edition Sec: 105.1, and 105.7 and are described as conversion of lanai to extra living area without County permits. HEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $315.51 incurred in the prosecution of this case. 2) Abate all violations by obtaining a Collier County building or demolition permit and all required inspections and certificates of completion/occupancy within 90 days or a fine of $200.00 shall be imposed for each day violation remains 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. r Michelle Arnold, DirEetor Code Enforcement Department REV ?/2-3/06 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. MARIO A. ALVAREZ, Respondent CEB NO.2007-29 ORDER IMPOSING FINE/LIEN THIS CAUSE came on for public hearing before the Board on June 18, 2007, after due notice to Respondent at which time the Board heard testimony under oath, received evidence, and issued its Findings of Fact and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on June 27, 207 and re- signed nunc pro tunc on November 2, 2007 and furnished to Respondent and was recorded in the Public Records of Collier County, Florida at OR 4301, PG 2512 , et. seq. on November 13, 2007. An Affidavit of Non -Compliance has been filed with the Board by the Code Enforcement Official, which Affidavit certified under oath that the required corrective action has not been taken as ordered. Accordingly, it having been brought to the Board's attention that Respondent has not complied with the Order dated November 2, 2007, it is hereby ORDERED, that the Respondent, Mario A. Alvarez, pay to Collier County fines in the amount of $20,200 for the period of September 17, 2007 through December 27, 2007 (101 days) at a rate of $200 per day, plus $315.51 for the operational costs incurred in the prosecution of this case for a total of $20,515.51. IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondent comes into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09 Florida Statutes. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. This Order may be recorded and shall, pursuant to Section 162.09, Florida Statutes, constitute a lien against the property as described and/or any other real or personal property owned by Respondents. DONE AND ORDERED this 30 day of , 2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY:. J1 - - & , a t Sheri Barnett, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this '1aay of , 2008, by Sheri Barnett, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or ✓ who has produced a Florida Driver's License as identific tion. r�eeurenRwM l.�.G��Y�9 4_�Ul---� IfftISTINEFI0ITON NOTARY PUBLIC MY COMMISSION # DD 686555 My commission expires: " • EXPIRES: June ,2011 Bonded fire Notary Pubick Undernder writers J CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Mario A. Alvarez, 2912 44 St. S.W., Naples, Florida 34116 this 0 'day of jt��-� , 2008. M. JeanXawson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239)263-8206 ,tare oy FLORWA :ounry of Cu_ , f7f HEREBY CS-` TJ F-„ 1'! 11,?.T ti-,s ?s a true and orrect cosy c; f i; t e d dii fi ie In Ioard alin, :` ; '44Collier County zal tl)is 3& ►W6 T E. `' ': t, {, OF COtlM, " Cam_: I 3 Y f � A 5 r 1 U \ ) �v dk � Y i in VISA- 5. L .F i f ' t S SM Q4 (, r: i r < S { f e.43Y, { D n TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Glen Hollingsworth and Marsha Kendall Hollingsworth CEB No. 2007-57 DEPT No. 2006060373 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-5 Affidavit(s) 6 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-57 Dept. Case No. 2006060373 Plaintiff, VS. GLEN HOLLINGSWORTH MARSHA KENDALL HOLLINGSWORTH, Respondent NOTICE OF ADMINISTRATIVE PROCEEDINGS IMPOSITION OF FINE/LIEN PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: January 24, 2008 TIME: 9:00 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: 2551 Estey Avenue SERVED: Glen Hollingsworth and Marsha Kendall Hollingsworth, Respondent Inv. John Marsh, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE -HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:OOAM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA '^ 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE (-nT MTTV rr)XATATcctnMPP0,' nFFTrF COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR A REDUCTION OF FINES/LIEN CEB CASE NO.2007-57 DEPT CASE NO.2006060373 Board of County Commissioners vs. Glen Hollingsworth and Marsha Kendall Hollingsworth Respondent(s) Violation(s): Violation of Ordinance(s) 04-41, the Land Development Code, as amended sec.(s) 10.02.06 (13)(1)(a) Location: 2551 Estey Avenue, C-3, Naples, Florida Folio: 69600440001 Description: Conversion of storage space on 1" floor to living space. Past Order(s): On July 26, 2007, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4265 PG 1081, for more information. The Respondent has not complied with the CEB Orders as of July 26, 2007 RECOMMENDATIONS) Issue an Order Imposing Lien in the amount of $ 3,459.82 See below. Order Item #1; Order Item # 4 Fines at a rate of $200 per day for the period between September 24, 2007 — October 10, 2007, (15 days) for the total of $ 3,000.00. Order Item #5 Operational Costs of $ 459.82 have not been paid. Retn: 4054489 OR; 4265 PG; 1081 CODS ENFORCEMENT RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL 2800 N HORSESHOE DR 08/02/2007 at 09:34AK DWIGHT 3, BROCK, CLERK NAPLES FL 3004 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. HOLLINGSWORTH, GLEN HOLLINGSWORTH, MARSHA KENDALL Respondents CEB NO. 2007-57 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD REC FEE 27,00 THIS CAUSE came on for public hearing before the Board on July 26, 2007, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: FINDINGS OF FACT That Glen Hollingsworth and Marsha Kendall Hollingsworth are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents, having been duly notified, appeared at the public hearing. That the Respondents were notified of the date of hearing by certified mail and by personal service. 4. That the real property located at 2551 Estey Avenue, C-3, Naples, Florida, Folio 69600440001 more particularly described as Condominium Unit C-3, RIVER OAK PLANTATION, PHASE 1, together with an undivided interest in the common elements, according to the Declaration of Condominium thereof, recorded in Official Record Book 844, Page 1395, as amended from time to time, of the Public Records of Collier County, Florida is in violation of Collier County Ordinance County Ordinance 04-41, the Land Development Code, as amended, section 10.02.06(B)(1)(a) in the following particulars: Conversion of storage space on first floor to living space. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, , section 10.02.06(B)(1)(a) be corrected in the following manner: 1. By submitting all required permit applications within 60 days (September 24, 2007). 2. By obtaining all inspections and certificate of completion within 60 days of the permit issuance. OR; 4265 PG: 1082 3. In the alternative, by submitting application for a demolition permit and remove all non -permitted improvements to first floor area within 60 days (September 24, 2007). 4. That if the Respondents do not comply with paragraph 1 of the Order of the Board within 60 days (September 24, 2007), then there will be a fine of $200 per day for each day until the permits applications are submitted. 5. That if the Respondents do not comply with paragraph 2 of the Order of the Board within 60 days of permit issuance, then there will be a fine of $200 per day for each day until the permit is CO'd. 6. That if, in the alternative, the Respondents do not comply with paragraph 3 of the Order of the Board within 60 days (September 24, 2007), then there will be a fine of $200 per day for each day until the property comes into compliance. 7. That the Respondents are to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 8. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $459.82 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. 01 ��(( DONE AND ORDERED this day of 2007 2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLC11, R COUNTY, FLORID f BY: ���---� Gerald Lefebv ; Vice r 2800 North orseshoe U. Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) f1 The foregoing instrument was acknowledged befor; me this�� day of , 2007, by Gerald Lefebvre, Vice Chair of the Code Enforcement Board of Collier Coun , Florida, who is personally known to me or -Is-- who has produ d a lor`da Driver's License as identification. Koni L Hall NOTA Y P BLIC / MY Commission DD287000 My commission expires: n0" E-Vrea March 90, 2000 �Wve of F LORIUA aounry of COLLIER 1 HEREBY CERTIFY THAT this Is a tme ands :greet copy of a COCU C-nt OMNI` In ,card Wnutes and F e r of OnilW COt!11ty {Tr.IEJ� ni {efv.pa tee i'-�3� eat this _��.,��� LII�ROGK-LMIS „r *** OR; 4265 PG; 1083 *** CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Glen N ingsworth and Marsha Kendall, Hollingsworth, 2551 Estey Ave., C-3„ Naples, FL this 44day of 2007. M. Jean RaKon, Esq. Florida Bakqo. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 . Naples, Florida 34102 (239)263-8206 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. HOLLINGSWIRTH, GLEN & MARSHA KENDELL, Respondent(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO.2007-57 DEPT CASE NO.2006060373 BEFORE ME, the undersigned authority, personally appeared JOHN MARSH, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on JULY 26, 2007forcement Board held a hearing and issued an Order in the above -styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4265 / 1081. seq. 2. That a re -inspection was performed on DECEMBER 17, 2007. 3. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board has not been taken. A building permit was applied for on Oct. 10, 2007, after the 60 days (Sept. 4, 2007) so ordered. That as of this date there has been no permit issued. FURTHER AFFIANT SAYETH NOT. Dated December 17, 2007. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD John Marsh Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Swom to (or affirmed) and subscribed before me this 2 2007 by (Signature of Notary Public) ""'-PrinV'rype/Stamp Commissioned .Name of Notary Public) NOTARY pUBUC-MUE OF rwp DA Indira Rajah Personally known - issiGDEC 07.2011 5,� BONDED MU ATLMMC BONDING CO., INC. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. HOLLINGSWORTH, GLEN HOLLINGSWORTH, MARSHA KENDALL Respondents CEB NO. 2007-57 ORDER IMPOSING FINE/LIEN THIS CAUSE came on for public hearing before the Board on July 26, 2007, after due notice to Respondents at which time the Board heard testimony under oath, received evidence, and issued its Findings of Fact and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on July 30, 2007 and furnished to Respondents and was recorded in the Public Records of Collier County, Florida at OR 4265, PG 1081, et. seq. on August 2, 2007. An Affidavit of Non -Compliance has been filed with the Board by the Code Enforcement Official on December 17, 2007, which Affidavit certified under oath that the required corrective action has not been taken as ordered. Accordingly, it having been brought to the Board's attention that Respondents have not complied with the Order dated July 30, 2007, it is hereby ORDERED, that the Respondents, Glen and Marsha Kendall Hollingsworth, pay to Collier County fines in the amount of $3,000 for the period of September 24, 2007 through October 10, 2007 (15 days) at a rate of $200 per day, plus $459.82 for the operational costs incurred in the prosecution of this case for a total of $3,459.82. IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondents come into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09 Florida Statutes. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. This Order may be recorded and shall, pursuant to Section 162.09, Florida Statutes, constitute a lien against the property as described and/or any other real or personal property owned by Respondents. DONE AND ORDERED this - 3Z) day of , 2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLOR IDA lRIDA BY:—JL; &I Sheri Barnett, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 7,36day of ��'� , 2008, by Sheri Barnett, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or ,/ who has produced a Florida Driver's License as identifica}ion. �;�r: :KRwnNE HOLTONNOTARY PUBLIC PA .MY CMISSION # DD 686595 My commission expires: Bonded EXPESry Publ c ne U2011 nderwriters R�r1 TIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Glen Hollingsworth and Marsha Kendall, Hollingsworth, 2551 Estey Ave., C-3, Naples, FL this 3a 'day of x_�---- , 2008. M eJ aieJ ;Rawson, Esq. Floridh'Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239)263-8206 Stare cn r►,a>l 1)A writ/ of _- , UI ER HEREBY x ;-Y 'rNAT this is a true and in Do r 'County t . ...... ice. 1 � 1 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Ted Zhi Luo CEB No. 2007-100 DEPT No. 2006010225 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-4 Stipulation 5 Affidavit(s) 6 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, VS. TED ZHI LUO, Respondent Case: CEB 2007-100 Dept. Case No. 2006010225 NOTICE OF ADMINISTRATIVE PROCEEDINGS IMPOSITION OF FINE/LIEN PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: January 24, 2008 TIME: 9:00 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: 5401 Mahogany Drive SERVED: Ted Zhi Luo, Respondent Jennifer Waldron, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE -HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE �- COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR A REDUCTION OF FINES/LIEN CEB CASE NO.2007-100 DEPT CASE NO.2006010225 Board of County Commissioners vs. Ted Zhi Luo Respondent(s) Violation(s): Violation of Ordinance(s) 04-41, the Land Development Code as amended, section 3.05.01(B) Location: 5401 Mahogany Ridge Drive, Naples, Florida Folio: 38280960000 Description: Vegetation removed over the permitted 2 acres. Past Order(s): On October 25, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4298 PG 0661, for more information. The Respondent has not complied with the CEB Orders as of October 25, 2007 RECOMMENDATIONS) Issue an Order Imposing Lien in the amount of $ 6,400.00 See below. Order Item #1; Order Item # 4 Fines at a rate of $200 per day for the period between November 25, 2007 — December 27, 2007, (32 days) for the total of $ 6,400.00. Fines continue to accrue. Order Item #4 Operational Costs of $ 449.41 have been paid. %. Retn: 4090445 OR; 4298 PG; 0661 CODS ENFORCEMENT RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY FL 2800 N HORSESHOE DR 11/01/2007 at 11:09AM DNIGHT E. BROCK, CLERK REC FEE 27.00 NAPLES FL 34104 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. TED ZHI LUO, Respondent CEB NO.2007-100 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on October 25, 2007, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: FINDINGS OF FACT That Ted Zhi Luo is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, appeared at the public hearing and entered into a Stipulation. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 5401 Mahogany Ridge Drive, Naples, Florida 34119, Folio 38280960000, more particularly described as The South 180 Feet of Tract 18, GOLDEN GATE ESTATES, Unit No. 32, according to the Plat thereof, recorded in Plat Book 7, Pages 21 and 22, of the Public Records of Collier County, Florida is in violation of Collier County Ordinance 04-41, the Land Development Code, as amended, section 3.05.01(B) in the following particulars: Vegetation removed over the permitted 2 acres. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, section 3.05.01(B) be corrected in the following manner: 1. By installing all plant materials in accordance with mitigation plan which was accepted by Ramsey Inc. and dated April 21, 2006, Ramsey Inc., which meets the criteria stated in 0441, as amended, Section 10.02.06 10-11, E.3. By establishing a monitoring program (10.02.06E.3.e.i) that would determine the 80% survivability of species OR; 4298 PG: 0662 of the plants used in the mitigation effort over a five-year period with replacement required to maintain the 80% minimum annually. A minimum of five reports will be submitted by the Respondent. All plant materials must be installed in accordance with the mitigation plan within 30 days (November 24, 2007). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by November 24, 2007, then there will be a fine of $200 per day for each day for each day the violation remains. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 4. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $449.41 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this s� day of2007 at Collier County, Florida. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: — Kenneth Kelly, Vice Chair 2800 North Horseshoe Drive Naples, Florida 34104 The foregoing instrument was acknowledged before me this day of 0Ljr r 2007, by Kenneth Kelly, Vice Chair of thCode Enforcement Board of Collier County, Florida, who is personally known to me or ✓ who has produced a Florida Driver's License as identification. .i�LT +; NOTARY PUBLIC # DD N r My commission expires: EM] Ig5952011 Undwwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Ted Zhi Luo, 5401 Mahogany Ridge Drive, Naples, Florida 34119 this ;�31�1day of 0j@-yy;2007. ..oumry 0f CCLIAR M. Jean RT06n, Esq. Florida Bar No. 750311 I HEREBY GERTI r'Y THI'17 Erie Attorney for the Code Enforcement Board ^met cony M# ' ' : 4P 400 Fifth Avenue S., Ste. 300 •rd 1Vtl;: l y `" t'`Wr 1Cijt Naples, Florida 34102 I�Tv r , �. , t ; pS'1 (239) 263-8206 6ay Of,y F <`.• HT E. ram:.,, C[ r BOARD OF COUNTY COMMISSIONERS Collier County, Florida *** OR; 4298 PG; 0663 *** Petitioner, Vs. Ted Zhi and Peng Sy Luo Respondent(s), STIPULATION/AGREEMENT CEB NO. 2007-100 DEPT NO. 2006010225 COMES NOW, the undersigned, '; -L- 2 (i. j on behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2006010225 dated the 25th day of October, 2007. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for October 25th, 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of Collier County Land Development Code as amended section(s) 03.05.01(B) are described as Vegetation removed over the allowable acreage without obtaining the proper permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $449.41 incurred in the prosecution of this case. 2) Abate all violations by installing all plant materials in accordance with mitigation plan which was accepted by Collier County that was prepared Ramsey Inc. and dated April 21 ", 2006 Ramsey Inc. which meets the criteria stated in 04-41 as amended Sec. 10.02.06.E.3. The respondent is required to establish a monitoring program (10.02.06.E.3.e.i) that would determine the 80% survivability of species of the plants used in the mitigation effort over a five year period with replacement required to maintain the 80% minimum annually. A minimum of five reports will be submitted by the respondent. All plant materials must be installed in accordance with the mitigation plan within 30 days of this hearing or a daily fine of $200.00 will be imposed for each day until plant material is installed. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. Res ondent REV 2/23/06 I U J Michelle Arnold, Direct r Code Enforce nt Dep rtment r� COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY CONMUSSIONERS, Petitioner VS. Ted Zhi and Peng Sy Luo, Defendants) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. 2007-100 DEPT CASE NO. 2006010225 BEFORE ME, the undersigned authority, personally appeared Jennifer Waldron, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on October 25`h, 2007, the Code Enforcement Board held a hearing and issued an Order in the above - styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4298 PG 0661, et. seq. 2. That are -inspection was performed on 11/26/2007. 3. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board has not been taken as stated in Sections One of the Order of the Board. Section One states that all plant materials must be installed according to mitigation plan accepted by Collier County which was prepared by Ramsey Inc. dated April 21', 2006 by November 24t', 2007. FURTHER AFFIANT SAYETH NOT. Dated 11/27/2007. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD Jqh Waldron Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to or affirmed) and subscribed before me this (Signatur of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known q REV 3-14-05 1(12 7/D % by .1� 'I "/0i1 A L MARLENE G. SERRANO Notary Public, State of Florida Comm No DD 401145 My Comm expires March 04, 2009 Bonded thru 19t State Insurance B� wim10, 8 + a W-k m inu�� r�►nes * 2of-gj "dA4es a6 �l �� OF -7 C-(eej. C i .Y (� i Coy�s�- 2-4 ID,, l►— AYA CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. TED ZHI LUO Respondent CEB NO. 2007-100 ORDER IMPOSING FINE/LIEN THIS CAUSE came on for public hearing before the Board on October 25, 2007, after due notice to Respondent at which time the Board heard testimony under oath, received evidence, and issued its Findings of Fact and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on October 31, 2007, 2004 and furnished to Respondent and was recorded in the Public Records of Collier County, Florida at OR 298, PG 0661, et. seq. on November 1, 2007. An Affidavit of Non -Compliance has been filed with the Board by the Code Enforcement Official on November 27, 2007, which Affidavit certified under oath that the required corrective action has not been taken as ordered. Accordingly, it having been brought to the Board's attention that Respondent has not complied with the Order dated October 31, 2007, it is hereby ORDERED, that the Respondent, Ted Zhi Luo pay to Collier County fines in the amount of $6,400 for the period of November 25, 2007 through December 27, 2007 at a rate of $200 per day. The operational costs incurred in the prosecution of this case have been paid. IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondent comes into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09 Florida Statutes. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. This Order may be recorded and shall, pursuant to Section 162.09, Florida Statutes, constitute a lien against the property as described and/or any other real or personal property owned by Respondent. DONE AND ORDERED this 30 day of, 2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: �L- Sheri Barnett, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this," day of '� , 2008, by Sheri Barnett, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or who has produced a Florida Driver's License as identiEc tion. NOTARY PUBLIC KRIS11NEHOLTON My commission expires: MY COMMISSION N DD 686595 ? EXPIRES: June 18, 2011 BMW ThruNotary Pubic Underwdters RTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Ted Zhi Luo, 5401 Mahogany Ridge Drive, Naples, Florida 34119 this C%� day of . , 2008. M. lean Rawson, Esq.— Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste, 300 Naples, Florida 34102 (239)263-8206 State pt FLURIUA %ounty of COLUER I HEREBY C -vr "FTi r Y` T'•1At thla is s true W BCa�T1 �'' p 3 ti';S of g01110r CQt#itb W)TUE ;�: 31 I tills �d IGHT E ���+5CO RTC . F CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. JERRY AND KIMBERLEA BLOCKER, Respondents, CEB NO. 2006-16 AMENDED ORDER IMPOSING FINE/LIEN Nunc pro tunc THIS CAUSE came on for public hearing before the Board on April 27, 2006, after due notice to Respondents at which time the Board heard testimony under oath, received evidence, and issued its Findings of Fact and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on May 5, 2006 and furnished to Respondents and was recorded in the Public Records of Collier County, Florida at OR 4033, PG 2461 , et. seq. on May 9, 2006. An Affidavit of Non -Compliance has been filed with the Board by the Code Enforcement Official on June 29, 2007 and on July H, 2007, which Affidavits certified under oath that the required corrective action has not been taken as ordered. Accordingly, it having been brought to the Board's attention that Respondents have not complied with the Order dated , 2004, it is hereby ORDERED, that the Respondents, Jerry and Kimberlea Blocker, pay to Collier County fines in the amount of $44,454.16 for the period of June 30, 2007 through November 29, 2007at a rate of $150 per day, plus $21,300 for the period of July 10, 2007 through November 29, 2007 at a rate of $150 per day, plus $354.16 for the operational costs incurred in the prosecution of this case for a total of $44,454.16. IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondent comes into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09 Florida Statutes. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. This Order may be recorded and shall, pursuant to Section 162.09, Florida Statutes, constitute a lien against the property as described and/or any other real or personal property owned by Respondents. DONE AND ORDERED this 5th day of December, 2007 and re -signed this JD day of , 2008, nunc pro tunc at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: Sheri Barnett, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this V-day of , 2008, by Sheri Barnett, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or who has produced a Florida Driver's License as identification. NOTARY PUBLIC KRISTINE 'HOLTON ice" My commission expires: .: .� MY COMMISSION # DD 686595 Aa�z EXPIRES: June 18,2011 Bonded Thru Notary Public Undetwdters jit RTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Jerry and Kimberlea Blocker, 1830 16th Street N.E., Naples, FL 34120 and to Patrick White, Esq., Porter Wright Morris & Arthur, 5801 Pelican Bay Blvd., Ste. 300, Naples, FL 34108 this 304-day of _ .1Lx_i � , 2008. „WTC 01 i LOR,!:,A ounty of COLLIER E Hr,. .. ;: `' 'THAT V!I-S is a true anO County this .Jah�ew )V4�lGr s _ j � i`... orC01JRTS jlj .. M. lean Rawson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239)263-8206 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. JOSEPH FERIO FRANCOIS, Respondents, CEB NO. 2006-52 SECOND AMENDED FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD Nunc pro tunc THIS CAUSE came on for public hearing before the Board on October 26, 2006, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: FINDINGS OF FACT That Joseph Ferio Francois is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondents, having been duly notified, appeared at the public hearing. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 125 Boston Avenue, Immokalee, Florida, Folio 2558032007,more particularly described as Lots 11 and 12, Block 1, CARSON'S SUBDIVISION, according to the plat thereof, as recorded in Plat Book 2, Page 40, of the Public Records of Collier County, Florida is in violation of Collier County Ordinance No. 2004-58, the Housing Code, section 11 in the following particulars: A structure that has been severely damaged by fire and now has been designated as a "hazardous building" by the Fire Inspector. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance No. 2004-58, the Housing Code, section 11 be corrected in the following manner: 1. By obtaining a Collier County Building Permits, all required Inspection, and Certificate of Occupancy and restoring the structure to a safe and permitted condition within six months (May 29, 2008). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by May 29, 2008 , then there will be a fine of $250 per day for each day for each day the violation remains. 4. That if the Respondent does not comply with paragraph 1 of the Order of the Board by May 29, 2008, then the County Code Enforcement may demolish the building and assess the costs to the Respondent. 5. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 6. That the Respondent are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $319.79 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order, DONE AND ORDERED this 5th day of December, 2007 and re -signed this _30 day of , 2008, nunc pro tunc at Collier County, Florida. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: .- 'IL - 20-� Sheri Barnett, Chair 2800 North Horseshoe Drive Naples, Florida 34104 The foregoing instrument was acknowledged before me this 3ffZ[ay of 2008, by Sheri Barnett, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or ✓' who has produced a Florida Driver's License as identification. ,,•,. KRISTINE MOLTON MY COMMISSION N DO 686595 EXPIRES: June 18, 2011 Notary Pubic Underwriters • Bonded Thru NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to to Joseph Ferio Francois, 136 Napa Ridge Way, Naples, Florida 34114 this,-�ut 'day of *` c<_, , , 2008. tale0>>�_ t�A ounxy of Cf P iER HEREBY CEI Ti`Yj"ac. AT this Is a true and wrect copy of a iwcrumertton'file In 0a„ r a'rCatliOr County #ryi !�: a1 this W3GHT E. CR OUK, C1 E,,.A OF CC':.= T. M. Jean Rawson, Esq. Florida 13ar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239)263-8206 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. JAIME LAM, DON LEE AND LINH LAM, Respondents CEB NO.2007-106 AMENDED FINDINGS OF FACT CONCLUSIONS OF LAW AND ORDER OF THE BOARD Nunc pro tunc THIS CAUSE came on for public hearing before the Board on November 29, 2007, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: FINDINGS OF FACT That Jaime Lam, Don Lee and Linh Lam are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents, having been duly notified, appeared at the public hearing, and entered into a Stipulation. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 3580 15` Avenue S.W., Naples, Florida 34117, Folio 36763680003, more particularly described as the West 180 feet of Tract 66, GOLDEN GATE ESTATES, Unit 4, according to the plat thereof, recorded in Plat Book 4, Page 79, of the Public Records of Collier County, Florida is in violation of Collier County Ordinance 04-41, the Land Development Code, as amended, section 03.05.01(B) in the following particulars: Vegetation removed over the allowable one acre without obtaining the proper permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation attached hereto and incorporated herein, as amended, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, section 03.05.01(B) be corrected in the following manner: 1. By preparing a mitigation plan which meets the criteria stated in Collier County Ordinance 04-41, as amended, section 10.02.06.E.3. The mitigation plan shall be prepared by a person who meets or exceeds the credentials specified in Sec. 10.02.02.A.3. The Respondent is required to establish a monitoring program (I 0.02.06.E.3.e.i) that would determine the 80% survivability of species of the plants used in the mitigation effort over a two year period with replacement required to maintain the 80% minimum annually. A minimum of two reports will be submitted by the Respondent. This mitigation plan must be submitted within 60 days (January 29, 2008). 2. All plant materials must be installed in accordance with the mitigation plan within 120 days of acceptance of the mitigation plan. 3. That if the Respondents do not comply with paragraph I of the Order of the Board by January 29, 2008, then there will be a fine of $75 per day for each day for each day until the mitigation plan is submitted. 4. That if the Respondents do not comply with paragraph 2 of the Order of the Board within 120 days of the acceptance of the mitigation plan, then there will be a fine of $75 per day for each day the violation remains. 5. That the Respondents are to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 6. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $455.76 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE ORDERED this 5th day of December, 2007 at Collier County, Florida and re -signed 30D this � day of , 2008, nunc pro tunc 17 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: AL Sheri Barnett, Chair 2800 North Horseshoe Drive Naples, Florida 34104 The foregoing instrument was acknowledged before me this `� y g � da of 2008, by Sheri Barnett, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or c who has produced a Florida Driver's License as identification. =+Ez KRISTINE HOLTON MY COMMISSION M DD 686595 EXPIRES: June 18, 2011 � u Bonded Thru Notary Public Underwriters Stale rn FLG I UA COU41Y of COLLIER I HEREBY C1:--MFy Tltj-F,t�, Is a truQ anC r34rract q ,�1 In Board Count} 1 this DWIGHT E. 61106K, ��L'ti�;K OF' Cv'URTS NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Jaime Lan, Don Dee and Linh, Fam, 3580 1" Avenue S.W., Naples Florida 34105 3L+"- day of -� 2008. M. Jean: awson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239)263-8206